
    The People of the State of New York, Respondent, v Pedro Modesto, Appellant.
   Judgment, Supreme Court, New York County, rendered on January 25, 1977, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur—Sandler, J. P., Sullivan, Lupiano, Silverman and Ross, JJ.  