OPINION OF THE COURT
Order reversed and order of Supreme Court, New York County, dismissing the indictment reinstated for the reasons stated in the dissenting opinion of Mr. Justice Harold Birns at the Appellate Division (70 AD2d 387, 391-394).
Concur: Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Chief Judge Cooke.