
    The People of the State of New York, Respondent, v Thomas Hoeffner, Appellant.
   Judgment, Supreme Court, Bronx County, rendered on March 26, 1980, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5). No opinion. Concur — Birns, J.P., Ross, Carro, Fein and Lynch, JJ.  