Majority
p. 957The People of the State of New York, Respondent, v Luis De Jesus, Appellant.
—Motion granted insofar as to delete from the decretal paragraph of the order of this court entered July 13, 1978 [ 64 AD2d 872 ] and from the last paragraph of the opinion of this court filed therewith the words "and the facts”. Concur—Kupferman, J. P., Birns, Evans, Fein and Sandler, JJ.