Majority
p. 523The People of the State of New York, Respondent, v Agapita Benitez, Also Known as Wilson Rodriguez, Appellant.
— Judgment, Supreme Court, New York County, rendered on July 31, 1979, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Kupferman, J.P., Birns, Sullivan, Silverman and Bloom, JJ.