Majority
p. 537The People of the State of New York, Respondent, v Clarence Allen, Appellant.
— Judgment, Supreme Court, Bronx County, rendered on November 17, 1978, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Birns, J. P., Fein, Markewich, Lupiano and Ross, JJ.