Majority
p. 530The People of the State of New York, Respondent, v Gilbert Cuevas, Appellant.
Judgment, Supreme Court, Bronx County, rendered on February 8, 1980, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to GPL 460.50 (subd 5). No opinion. Concur — Kupferman, J. P., Birns, Sandler, Carro and Fein, JJ.