Order reversed and the indictment dismissed on the dissenting opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division (50 AD2d 289, 294-299).
Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judges Jasen and Cooke dissent and vote to affirm on the opinion by Mr. Justice M. Henry Martuscello at the Appellate Division (50 AD2d 289, 290-294).