PEOPLE v. BUTLER

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed and judgment reinstated for the reasons stated in the dissenting memorandum by Justice LEONARD H. SANDLER at the Appellate Division ( 86 A.D.2d 811, 812; see, also, People v Glover, 57 N.Y.2d 61; People v Green, 56 N.Y.2d 427) and the case remitted to the Appellate Division, First Department, for consideration of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]).

Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.