Order affirmed for the reasons stated in the opinion by Justice JOHN CARRO at the Appellate Division ( 86 A.D.2d 144). In addition, we note that the District Attorney conceded on oral argument that there is no remaining evidence which would support a conviction of the defendant and therefore dismissal of the indictment is appropriate (cf. People v Bouton, 50 N.Y.2d 130, 136; People v Malagon, 50 N.Y.2d 954).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.