
    (December 16, 1976)
    The People of the State of New York, Respondent, v Matthew O’Malley, Appellant.
   Judgment, Supreme Court, New York County, ren dered on January 20, 1976, 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—Murphy, J. P., Lupiano, Silver-man, Capozzoli and Nunez, JJ.  