Order affirmed (see CPL 210.35, subd 5; People v Petrea, 92 NY 128, 143-144). With respect to the issue on the motion for a new trial on the ground of newly discovered evidence, see People v Crimmins (38 NY2d 407, 414).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg. Taking no part: Judge Cooke.