Opinion
March 11, 1980
Judgment, Supreme Court, Bronx County, rendered on July 27, 1978, unanimously affirmed. The case is remitted to the Supreme Court, Bronx County, for further proceedings pursuant to CPL 460.50 (subd 5).
Concur — Sullivan, Markewich and Lupiano, JJ.
Birns, J.P., and Fein, J., concur on constraint of People v Johnson ( 72 A.D.2d 689), as to jury waiver. No opinion.