
    The People of the State of New York, Respondent, v John J. Ranellucci, Appellant.
    Argued January 13, 1978;
    decided February 22, 1978
    
      APPEARANCES OF COUNSEL
    
      Frank H. Penski for appellant.
    
      Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.
   OPINION OF THE COURT

Order reversed and the indictment dismissed on the dissenting opinions by Mr. Justice T. Paul Kane and Mr. Justice J. Clarence Herlihy at the Appellate Division (53 AD2d, at pp 385-386, 386-391).

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