On summary consideration, order affirmed. There was no error of law in the Appellate Division's affirmance of the judgment of conviction upon our remission for a determination of the facts pursuant to CPL 470.40 (subd 2, par [b]). There is no merit to defendant's contention that an affirmance was precluded by the doctrine of the law of the case.
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.