Majority
p. 859The People of the State of New York, Respondent, v James Di Ciervo and Matthew Chiarello, Appellants.
Two judgments (one as to each defendant) of the Supreme Court, Queens County, both rendered January 5, 1978, affirmed. No opinion. This case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Damiani, J. P., Titone, Suozzi and Shapiro, JJ., concur.