
    The People of the State of New York, Respondent, v Steve Menna, Appellant.
    Reargued January 14, 1976;
    decided January 20, 1976
    
      
      William E. Hellerstein for appellant.
    
      Eugene Gold, District Attorney (Richard E. Mischel of counsel), for respondent.
   Memorandum. The order of the Appellate Division should be reversed and the indictment dismissed.

The Supreme Court of the United States has held that this defendant’s claim of double jeopardy survived his plea of guilty (Menna v State of New York, 423 US 61). On review of such claim on the merits we conclude, with the concurrence of the prosecutor, that the double jeopardy clause precludes the prosecution of defendant on the charge to which he pleaded guilty.

Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke concur in memorandum.

On reargument: Order reversed, etc.  