
    The People of the State of New York, Appellant, v Raffa Johnson, Respondent.
    Decided December 20, 1983
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney CMichael H. Warren of counsel), for appellant.
    
      William E. Hellerstein and Jill F. Moscowitz for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, conviction reinstated and case remitted to the Appellate Division, First Department, so that it may consider any questions of fact and whether to exercise its discretion (see People v Creech, 60 NY2d 895).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer, Simons and Kaye.  