
    The People of the State of New York, Appellant, v Solomon Butler, Respondent.
    Decided July 2, 1982
    
      APPEARANCES OF COUNSEL
    
      Mario Merola, District Attorney (Mark L. Freyberg of counsel), for appellant.
    
      Shirley Werner and William E. Hellerstein for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed and judgment reinstated for the reasons stated in the dissenting memorandum by Justice Leonard H. Sandler at the Appellate Division (86 AD2d 811, 812; see, also, People v Glover, 57 NY2d 61; People v Green, 56 NY2d 427) and the case remitted to the Appellate Division, First Department, for consideration of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]).

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