
    The People of the State of New York, Respondent, v James Perry, Appellant.
    [954 NYS2d 497]
   The matter having been remitted to us for further proceedings in accordance with CPL 470.25 (2) (d) and 470.40 (2) (b), the facts have been considered and are determined to have been established. Eng, P.J., Mastro, Dillon and Sgroi, JJ., concur.  