
    The People of the State of New York, Respondent, v Lincoln Parker, Appellant.
    Argued January 8, 1981;
    decided February 10, 1981
    
      APPEARANCES OF COUNSEL
    
      Daniel J. Gotlin for appellant.
    
      Robert M. Morgenthau, District Attorney (Norman Barclay and Robert M. Pitler of counsel), for respondent.
   OPINION OF THE COURT

Order reversed and order of Supreme Court, New York County, dismissing the indictment reinstated for the reasons stated in the dissenting opinion of Mr. Justice Harold Birns at the Appellate Division (70 AD2d 387, 391-394).

Concur: Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Chief Judge Cooke.  