People v. Small , 413 N.Y.S.2d 797 ( 1979 )

— Judgment, Supreme Court, Bronx County, rendered on January 31, 1977, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). Concur — Fein, J. P., Sullivan, Lane, Markewich and Silverman, JJ.