
    The People of the State of New York, Appellant, v Salvatore Viggiano, Respondent.
    (Appeal No. 3.)
    [852 NYS2d 875]
   It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.

Same memorandum as in People v Barbosa (49 AD3d 1233 [2008]). Present-Scudder, PJ., Hurlbutt, Lunn, Pine and Gorski, JJ.  