
    The People of the State of New York, Respondent, v Lincoln West, Appellant.
    Decided April 7, 1982
    
      APPEARANCES OF COUNSEL
    
      David Samel and William E. Hellerstein for appellant.
    
      Elizabeth Holtzman, District Attorney (Stephen D. Anderson of counsel), for respondent.
   OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [b]), order reversed for the reasons stated in the dissenting memorandum by former Justice James D. Hopkins at the Appellate Division and the indictment dismissed (see People v Burwell, 53 NY2d 849).

Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.  