Majority
p. 943The People of the State of New York, Respondent, v John J. Ranellucci, Appellant. Argued January 13, 1978; decided February 22, 1978
p. 944
APPEARANCES OF COUNSEL
Frank H. Penski for appellant.
Sol Greenberg, District Attorney (George H. Barber of counsel), for respondent.
OPINION OF THE COURT
Order reversed and the indictment dismissed on the dissenting opinions by Mr. Justice T. Paul Kane and Mr. Justice J. Clarence Herlihy at the Appellate Division (53 AD2d, at pp 385-386, 386-391).
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.