
    The People of the State of New York, Respondent, v Dudley Dixon, Appellant.
    Argued January 5, 1990;
    decided February 8, 1990
    
      APPEARANCES OF COUNSEL
    
      Marshall Nadan for appellant.
    
      Michael Kavanagh, District Attorney (Joan Lamb of counsel), for respondent.
   OPINION OF THE COURT

Order reversed and the indictment dismissed for the reasons stated in the dissenting memorandum by Presiding Justice A. Franklin Mahoney at the Appellate Division (147 AD2d 769, 773, 774).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Alexander.  