Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 N.Y. 128, 143-144). With respect to the issue on the motion for a new trial on the ground of newly discovered evidence, see People v Crimmins ( 38 N.Y.2d 407, 414).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG. Taking no part: Judge COOKE.