Majority
p. 537The People of the State of New York, Respondent, v Luis Rodriguez, Appellant.
— Judgment, Supreme Court, Bronx County, rendered on January 10, 1979, 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 — Lam. J. P., Fein, Markewich, Lupiano and Ross, JJ.