Ordered that the order is reversed, on the law, the indictment is reinstated and the matter is remitted to the County Court, Suffolk County, for further proceedings (see, People v Hennessy, 133 A.D.2d 174 [decided herewith]; People v. Bigus, 115 A.D.2d 751, affd 68 N.Y.2d 723). Niehoff, J.P., Weinstein, Rubin and Kooper, JJ., concur.