Opinion
November 19, 1993
Appeal from the Onondaga County Court, Mulroy, J.
Present — Pine, J.P., Fallon, Boomer, Davis and Boehm, JJ.
Order unanimously affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision at County Court (Mulroy, J.). We add only that the indictment must be dismissed because the unsuccessful appeal by the People precludes further prosecution of defendant for the charges contained in the accusatory instrument (see, CPL 450.50; People v Ryan, 195 A.D.2d 1053; People v Felton, 171 A.D.2d 1034, affd 78 N.Y.2d 1063).