
    The People of the State of New York, Respondent, v John Brescio, Appellant.
   Judgment, Supreme Court, New York County, rendered on December 11, 1978, 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—Sullivan, J. P., Ross, Lupiano, Silverman and Bloom, JJ.  