People v. Quinones (49 A.D.3d 1234, 2008)

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Same memorandum as in People v Barbosa (49 AD3d 1233 [2008]). Present-Scudder, PJ., Hurlbutt, Lunn, Pine and Gorski, JJ.