Opinion
Argued March 25, 1974
Decided May 2, 1974
Appeal from the Supreme Court for the Ninth and Tenth Judicial Districts of the Second Judicial Department, ALPHONSO M. LA PERA, J.
George Nager for appellant.
William Cahn, District Attorney ( Henry P. DeVine of counsel), for respondent.
Order reversed and the information dismissed (see People v. Collins, 31 N.Y.2d 878).
Concur: Judges JONES, WACHTLER, RABIN and STEVENS. Chief Judge BREITEL and Judges JASEN and GABRIELLI, on constraint of People v. Collins ( 31 N.Y.2d 878).