
    The People of the State of New York, Respondent, v Bill Smith, Appellant.
   Judgment, Supreme Court, Bronx County, rendered on December 3, 1976, unanimously affirmed. This case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur—Murphy, P. J., Birns, Capozzoli and Markewich, JJ.  