
    The People of the State of New York, Respondent, v Tyrell Foster-Bey, Indicted as Tyrell Foster, Appellant.
   — Judgment of the Supreme Court, Queens County, rendered May 30, 1974, reversed, on the law, and indictment dismissed (People v Bracey, 48 AD2d 860). Latham, Acting P. J., Margett and Christ, JJ., concur; Brennan and Munder, JJ., concur on constraint of People v Bracey (48 AD2d 860).  