
    The People of the State of New York, Respondent, v George White, Appellant.
    Submitted September 13, 1976;
    decided October 19, 1976
    
      
      Douglas P. Rutnik, Public Defender (James E. Banagan of counsel), for appellant.
    
      Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.
   Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 NY 128, 143-144). With respect to the issue on the motion for a new trial on the ground of newly discovered evidence, see People v Crimmins (38 NY2d 407, 414).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.  