
    The People of the State of New York, Respondent, v Michael Rooney, Appellant.
   —Judgment of resentence, Supreme Court, Bronx County (William Kapelman, J.), rendered on January 21,1982, 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., Bloom, Fein, Milonas and Kassal, JJ.  