Judgment of the County Court, Nassau County, rendered June 7, 1979, affirmed (see Penal Law, § 60.02, as amd by L 1974, ch 653, § 6; see, also, Penal Law, § 60.01, subd 2; § 65.00, subd 1, par [b]; People v Eason, 40 NY2d 297; People v James S., 65 AD2d 823). The case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5). Gibbons, J. P., Gulotta, Margett and O’Connor, JJ., concur.