
    The People of the State of New York, Respondent, v Jesus Nieves, Appellant.
   Judgment, Supreme Court, Bronx County, rendered on April 28, 1978, unanimously affirmed. The 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., Evans, Fein, Markewich and Silver-man, JJ.  