People v. Palumbo

OPINION OF THE COURT

On summary consideration, order affirmed. There was no error of law in the Appellate Division’s affirmance of the judgment of conviction upon our remission for a determination of the facts pursuant to CPL 470.40 (subd 2, par [b]). There is no merit to defendant’s contention that an affirmance was precluded by the doctrine of the law of the case.

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.