Order reversed and case remitted to the Appellate Division, Second Department, with directions that the appeal to that court be dismissed (People v Brown, 40 NY2d 381, decided herewith).
Concur: Judges Gabrielli, Jones, Wachtler, Fuchsberg and Cooke. Chief Judge Breitel concurs in part and dissents in part and votes to reverse and dismiss the indictment in the following opinion in which Judge Jasen concurs.