
    The People of the State of New York, Respondent, v Jose Vargas, Jr., Appellant.
   Case held, decision reserved and matter remitted to Supreme Court for further proceedings in accordance with same Per Curiam opinion as in People v Mitchell (189 AD2d 337 [decided herewith]). Present—Denman, P. J., Green, Balio, Lawton and Davis, JJ.  