
    The People of the State of New York, Respondent, v James Yarrell, Appellant.
    Argued January 5, 1990;
    decided February 8, 1990
    
      APPEARANCES OF COUNSEL
    
      Kevin F. Casey and Philip L. Weinstein for appellant.
    
      Charles J. Hynes, District Attorney (Beth B. Propper, Barbara D. Underwood and Roseann B. MacKechnie of counsel), for respondent.
   OPINION OF THE COURT

Order reversed and the indictment dismissed for the reasons stated in the dissenting memorandum by Justice Richard A. Brown at the Appellate Division (146 AD2d 819, 821-822).

Concur: Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa. Taking no part: Judge Alexander.  