Majority
p. 787The People of the State of New York, Respondent, v Salvatore Palmieri, Appellant.
— Judgment, Supreme Court, New York County, rendered on October 31, 1980, 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 — Murphy, P.J., Birns, Sandler, Ross and Lynch, JJ.