Opinion
Argued April 25, 1977
Decided June 16, 1977
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MORRIS AARONS, J.
Irving Cohen for appellant.
Robert M. Morgenthau (Peter L. Zimroth and Robert M. Pitler of counsel), for respondent.
Order reversed and the order of Supreme Court, New York County, granting defendant's motion to dismiss the indictment reinstated on the opinion by Judge MORRIS AARONS at Trial Term.
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judges JASEN and COOKE dissent and vote to affirm on the Per Curiam opinion at the Appellate Division ( 52 A.D.2d 112).