
    The People of the State of New York, Respondent, v Philip Fitzpatrick, Appellant.
   Judgment, Supreme Court, New York County, rendered on June 22, 1979, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur—Birns, J. P., Sandler, Ross, Markewich and Silverman, JJ.  