
    The People of the State of New York, Respondent, v Fernando Rodriguez, Appellant.
    Argued June 2, 1986;
    decided July 1, 1986
    
      APPEARANCES OF COUNSEL
    
      Abigail Everett and Philip L. Weinstein for appellant.
    
      Andrew J. Frisch and Barbara D. Underwood for respondent.
   OPINION OF THE COURT

Order reversed and indictment dismissed for reasons stated in the dissenting opinion of Justice Leon D. Lazer at the Appellate Division (113 AD2d 337, 343-348).

Concur: Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr.  