
    The People of the State of New York, Appellant, v David L., Respondent.
    Argued March 30, 1982;
    decided May 6, 1982
    
      APPEARANCES OF COUNSEL
    
      Eugene Gold, District Attorney (Jason L. Shaw of counsel), for appellant.
    
      Andrew E. Abraham and William E. Hellerstein for respondent.
   OPINION OF THE COURT

Order reversed for reasons stated in the dissenting memorandum by former Justice James D. Hopkins and Justice Moses M. Weinstein at the Appellate Division (81 AD2d 893, 895-896) and case remitted to the Appellate Division, Second Department, for consideration of the facts (CPL 470.25, subd 2, par [d]; 470.40, subd 2, par [b]).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli and Jones. Judges Wachtler, Fuchsberg and Meyer dissent and vote to affirm for reasons stated in the memorandum of the Appellate Division (81 AD2d 893).  