
    The People of the State of New York, Appellant, v Solomon Davis, Respondent.
    Argued September 8, 1976;
    decided September 14, 1976
    
      Lawrence T. Kurlander, District Attorney (Michael Nelson of counsel), for appellant.
    
      Peter L. Yellin, Public Defender (Andrew C. Fine of counsel), for respondent.
   Order reversed on authority of People v Patterson (39 NY2d 288) and the case remitted to the Appellate Division, Fourth Department, for review of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]). On other questions of law raised by defendant there was no prejudice, assuming error.

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli and Jones. Judges Wachtler, Fuchsberg and Cooke concur on constraint of People v Patterson (39 NY2d 288).  