
    The People of the State of New York, Respondent, v Michael R. Palumbo, Appellant.
    Decided May 12, 1981
    
      APPEARANCES OF COUNSEL
    
      Allen Green for appellant.
    
      Robert M. Morgenthau, District Attorney (Norman Barclay of counsel), for respondent.
   OPINION OF THE COURT

On summary consideration, order affirmed. There was no error of law in the Appellate Division’s affirmance of the judgment of conviction upon our remission for a determination of the facts pursuant to CPL 470.40 (subd 2, par [b]). There is no merit to defendant’s contention that an affirmance was precluded by the doctrine of the law of the case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  