PEOPLE v. McFARLAN

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).