OPINION OF THE COURT

Order reversed and the indictment dismissed for the reasons stated in the dissenting memorandum by Justice Richard A. Brown at the Appellate Division (146 AD2d 819, 821-822).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, *830 Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Alexander.