Opinion
April 25, 1997
Present — Green, J.P., Pine, Lawton, Doerr and Fallon, JJ.
Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Cayuga County Court for further proceedings on the indictment. Memorandum: This case is legally indistinguishable from People v. Blount ( 231 A.D.2d 860). (Appeal from Order of Cayuga County Court, Corning, J. — Dismiss Indictment.)