Judgment of the Supreme Court, Richmond County (Goldberg, J.), rendered August 10, 1981, affirmed. No opinion. Order of the same court, dated December 8,1981, affirmed, without costs or disbursements. No opinion. This case is remitted to the Supreme Court, Richmond County, for further proceedings pursuant to CPL 460.50 (subd 5). Lazer, J. P., Gibbons, Thompson and Bracken, JJ., concur.