
    The People of the State of New York, Respondent, v Samuel Fogler, Appellant.
    Argued September 9, 1975;
    decided October 16, 1975
    
      
      J. Byron O’Connell for appellant.
    
      Ara Asadourian, District Attorney (Norman J. Dame of counsel), for respondent.
   Order reversed and the indictment dismissed on the dissenting memorandum by Mr. Justice Louis M. Greenblott at the Appellate Division (45 AD2d 909).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  