
    The People of the State of New York, Appellant, v Dominick Tofolo, Respondent.
    [661 NYS2d 811]
   Order unanimously affirmed for reasons stated in decision at Oneida County Court, Donalty, J. (Appeal from Order of Oneida County Court, Donalty, J.—Dismiss Indictment.) Present—Pine, J. P., Lawton, Callahan, Boehm and Fallon, JJ.  