Order reversed and the order of Supreme Court, New York County, granting defendant's motion to dismiss the indictment reinstated on the opinion by Judge MORRIS AARONS at Trial Term.
Concur: Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER and FUCHSBERG. Judges JASEN and COOKE dissent and vote to affirm on the Per Curiam opinion at the Appellate Division ( 52 A.D.2d 112).