
    In the Matter of Alphonse Cirillo, Respondent, v. Justices of the Supreme Court of the State of New York, Held in and For the County of Kings, Respondents, and Eugene Gold, as District Attorney of the County of Kings, Appellant.
    Argued September 10, 1974;
    decided September 18, 1974.
    
      
      Eugene Gold, District Attorney (Steven Di Joseph of counsel), appellant pro se.
    
    
      Harold Borg and Arnold E. Wallach for respondent.
   Judgment affirmed, without costs, on the opinion by Mr. Justice J. Irwin Shapiro at the Appellate Division. The present State indictment does not qualify under any of .the exceptions of CPL 40.20.

Concur: Chief Judge Breitel and Judges Gabrielli, Jones, Wachtler, Stevens and Witmer. Taking no part: Judge Rabin. 
      
       Designated pursuant to section 2 of article VI of the State Constitution.
     