Opinion
Argued November 14, 1984
Decided December 11, 1984
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Walter T. Gorman, J.
Richard D. Priest for appellant.
Richard A. Hennessy, Jr., District Attorney ( John A. Cirando and Michael P. Marmor of counsel), for respondent.
Frederick J. Scullin, Jr., United States Attorney ( Paula Ryan Conan and Craig A. Benedict of counsel), for United States of America, amicus curiae.
Order affirmed. The question of State court jurisdiction over this case is the only question raised by defendant which merits comment. We hold that there is jurisdiction for the reasons stated in the memorandum at the Appellate Division which reinstated the indictment ( 78 A.D.2d 582).
Concur: Chief Judge COOKE and Judges JASEN, WACHTLER, MEYER and KAYE. Judge JONES dissents and votes to reverse and dismiss the indictment for the reasons stated in the opinion by Justice Walter T. Gorman at Supreme Court ( 104 Misc.2d 305). Taking no part: Judge SIMONS.