Opinion
March 15, 1993
Appeal from the Supreme Court, Queens County (O'Dwyer, J.).
Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50 (see, People v Padgett, 191 A.D.2d 592 [decided herewith]). Mangano, P.J., Bracken, Lawrence and O'Brien, JJ., concur.