
    The People of the State of New York, Respondent, v Frank Melillo, Appellant.
   — Order, Supreme Court, New York County (B. Roberts, J,), entered on February 19, 1982 and judgment of said court (Altman, J,), rendered on July 26, 1982, unanimously affirmed for the reasons stated by B. Roberts, J. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). Concur — Kupferman, J. P., Sullivan, Ross, Silverman and Alexander, JJ.  