
    The People of the State of New York, Respondent, v Eugene W. Dollinger, Appellant.
   Judgment of the County Court, Nassau County, rendered December 7, 1979, and, upon an appeal by permission, order of the same court, dated May 30, 1980, affirmed (see People v Frederick, 45 NY2d 520; People v Scott, 10 NY2d 380). This case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5). Damiani, J. P., Titone, Cohalan and Weinstein, JJ., concur.  