
    The People of the State of New York, Respondent, v Rojelio Ortiz, Appellant.
    Submitted September 10, 1990;
    decided September 19, 1990
   On the Court’s own motion, remittitur recalled and when returned, it will be amended to read as follows: Appeal dismissed upon the ground that the criminal prosecution has abated by reason of defendant’s death (People v Ellis, 71 NY2d 1012; People v Mintz, 20 NY2d 753, 770). [See, 76 NY2d 446.]  