Opinion
Argued September 9, 1975
Decided October 16, 1975
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, ROBERT J. FEINBERG, J.
J. Byron O'Connell for appellant.
Ara Asadourian, District Attorney (Norman J. Dame of counsel), for respondent.
Order reversed and the indictment dismissed on the dissenting memorandum by Mr. Justice LOUIS M. GREENBLOTT at the Appellate Division ( 45 A.D.2d 909).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.