
    The People of the State of New York, Respondent, v Nathan Fogelman, Appellant.
   — Judgment, Supreme Court, Bronx County, rendered on January 11, 1978, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Kupferman, J. P., Birns, Sullivan, Lupiano and Silverman, JJ.  