Judgment of the County Court, Nassau County, rendered December 7, 1979, and, upon an appeal by permission, order of the same court, dated May 30, 1980, affirmed (see People v Frederick, 45 NY2d 520; People v Scott, 10 NY2d 380). This case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5). Damiani, J. P., Titone, Cohalan and Weinstein, JJ., concur.
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