Majority
p. 1047The People of the State of New York, Respondent, v Thomas Merlino, Appellant.
Judgment of the County Court, Nassau County, rendered November 26, 1975, affirmed. No opinion. The case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5). Latham, Acting P. J., Margett, Damiani, Rabin and Hawkins, JJ., concur.