¶1OPINION OF THE COURT
¶2On 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.
¶3Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.