Majority
p. 739The People of the State of New York, Appellant, v. Kathryn Cleary, Respondent.
Order of the County Court of Kings county granting defendant’s motion to dismiss the indictment charging the defendant with a violation of section 1308 of the Penal Law reversed on the law and the facts, motion denied and indictment reinstated. The minutes disclose prima facie a violation of the section. Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ., concur.