
    The People of the State of New York, Respondent, v Robert Earl, Appellant.
    Argued October 15,1976;
    decided November 18,1976
    
      
      Elliot Schnapp and William E. Hellerstein for appellant.
    
      Nicholas Ferraro, District Attorney (Annamarie Policriti of counsel), for respondent.
   Order reversed and the indictment dismissed on the dissenting opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division (50 AD2d 289, 294-299).

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler and Fuchsberg. Judges Jasen and Cooke dissent and vote to affirm on the opinion by Mr. Justice M. Henry Martuscello at the Appellate Division (50 AD2d 289, 290-294).  