Order reversed insofar as appealed from, on the law, defendant's motion to the extent that it was to vacate the judgment of conviction denied, judgment reinstated and the matter is remitted to the County Court, Nassau County, for further proceedings ( see, People v. Salvato, 111 A.D.2d 773). Weinstein, J.P., Rubin, Lawrence and Kunzeman, JJ., concur.