Judgment, Supreme Court, New York County, rendered on January 31, 1979, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion.
Concur — Fein, J.P., Ross, Markewich, Lupiano and Silverman, JJ. [ 96 Misc.2d 669.]