Judgment, Supreme Court, New York County, rendered on June 23, 1978, an order of said court entered on October 24, 1978, 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—Birns, J. P., Fein, Sandler, Bloom and Lane, JJ.