
    The People of the State of New York, Appellant, v Frank Di Napoli, Respondent.
    Argued October 16, 1985;
    decided November 14, 1985
    
      APPEARANCES OF COUNSEL
    
      Robert M. Morgenthau, District Attorney (Emily Berger and Norman Barclay of counsel), for appellant.
    
      John J. Privitera for respondent.
   OPINION OF THE COURT

Order reversed, defendant’s motion to dismiss the indictment denied, and indictment reinstated. Having reviewed the transcript of the testimony before the Grand Jury, we agree with the dissenter at the Appellate Division that the circumstantial evidence presented was such that "if unexplained and uncontradicted would warrant conviction by a trial jury” and thus was legally sufficient (People v Pelchat, 62 NY2d 97, 105; People v Mayo, 36 NY2d 1002; CPL 70.10 [1]).

Concur: Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone.  