Majority
p. 1094The People of the State of New York, Appellant, v Theodore Rosenberg, Respondent. Submitted October 11, 1977; decided October 18, 1977
Motions for stay pending appeal granted to the extent of staying so much of the order of the Appellate Division as prohibits prosecution of an appeal by the Special Prosecutor and directs the District Attorney for Kings County to assume prosecution of the indictment. [See Matter of Rosenberg v Keenan, 42 NY2d 1094; People v Rosenberg, 42 NY2d 1097 .]