
    The People of the State of New York, Respondent, v George Thomas, Appellant.
   Judgment, Supreme Court, Bronx County, rendered on July 27, 1978, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). Concur — Sullivan, Markewich and Lupiano, JJ.

Birns, J. P., and Fein, J.,

concur on constraint of People v Johnson (72 AD2d 689), as to jury waiver. No opinion.  