Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is
Ordered that the motion is granted, and upon reargument the original determination is adhered to for the reasons expressed in the opinion of Associate Justice Richard A. Brown, dated August 29, 1988.
We retain our view that the resubmission of this matter to the Grand Jury without the prior authorization of the court impaired the integrity of the proceedings before that body and created the possibility of prejudice to the defendant (see, CPL 210.35; People v Wilkins, 68 N.Y.2d 269, 276-277). Mollen, P.J., Mangano, Brown and Harwood, JJ., concur.