Opinion
January 9, 1989
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5) (see, People v Prochilo, 41 N.Y.2d 759; People v Ingle, 36 N.Y.2d 413; People v Cantor, 36 N.Y.2d 106; People v Brown, 116 A.D.2d 727, 729; People v Belton, 55 N.Y.2d 49; People v Brnja, 50 N.Y.2d 366). Mangano, J.P., Thompson, Brown and Sullivan, JJ., concur.