Opinion
April 3, 1986
The Court of Appeals having adopted the reasoning in the dissenting memorandum of then Justice Fritz W. Alexander, II ( 99 A.D.2d 989, 990-991), that there was no manifest necessity for the Trial Judge's decision to grant a mistrial, and having remitted to this court for entry of an order, we order that the petition be granted and the indictment dismissed.
Concur — Kupferman, J.P., Sandler, Carro and Milonas, JJ.