Opinion
Argued September 8, 1982
Decided October 7, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOSEPH HARRIS, J.
Fernande Rossetti for appellant.
Sol Greenberg, District Attorney ( Ilene R. Bergman of counsel), for respondent.
Order reversed and indictment dismissed for reasons stated in the dissenting memorandum of Justice ANN T. MIKOLL at the Appellate Division ( 83 A.D.2d 714-715).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.