People v. Parulski (277 A.D.2d 909, 2000)

—Order reversed on the law, application denied, indictment reinstated and matter remitted to Steuben County Court for further proceedings on the indictment. Same Memorandum as in People v Parulski (277 AD2d 907 [decided herewith]).

All concur except Green, J. P., and Wisner, J., who dissent and vote to affirm in the same dissenting Memorandum as in People v Parulski (277 AD2d 907,908 [decided herewith]). (Appeal from Order of Steuben County Court, Bradstreet, J. — Dismiss Indictment.) Present — Green, J. P., Hayes, Wisner, Scudder and Lawton, JJ.