Opinion
Argued June 12, 1974
Decided June 27, 1974
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, GEORGE L. COBB, J.
Carroll J. Mealey for appellants.
Ralph W. Smith, District Attorney ( Peter L. Rupert of counsel), for respondent.
Appeals dismissed upon the ground that no appeal lies to the Court of Appeals (CPL 190.90, subd. 5). The issue tendered does not have substantial constitutional dimension such as was involved in Matter of Second Report of November, 1968 Grand Jury of County of Erie ( 26 N.Y.2d 200).