
    The People of the State of New York, Respondent, v Horace Capers, Appellant.
   — Judgment of the Supreme Court, Queens County (Dubin, J.), rendered February 10, 1983, affirmed. No opinion.

This case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Thompson, J. P., Weinstein, Brown and Boyers, JJ., concur.  