Majority
p. 931The People of the State of New York, Appellant, v John J. Savino, Respondent. Submitted May 29, 1978; decided June 13, 1978
Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended to read as follows: "Order reversed and case remitted to the Appellate Division, Second Department, for further proceedings in accordance with the memorandum herein. All concur.” [See 44 NY2d 669 .]