Citations

Full opinion text

OPINION OF THE COURT

Order reversed and the indictment dismissed for the reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney at the Appellate Division (147 AD2d 769, 773, 774).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Alexander.