
    The People of the State of New York, Respondent, v Michael Dallas Toney, Appellant.
   Judgment, Supreme Court, New York County, rendered on June 12, 1979, 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—Murphy, P. J., Kupferman, Birns, Ross and Silverman, JJ.  