Judgment, Supreme Court, New York County (Denzer, J.), rendered on March 21, 1980, and order of said court entered on December 10, 1981, 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., Carro, Markewich, Bloom and Lynch, JJ.