Opinion
Argued January 5, 1983
Decided February 8, 1983
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, HOWARD E. GOLDFLUSS, J.
Mario Merola, District Attorney ( Steven R. Kartagener and Alan D. Marrus of counsel), for appellant.
Arnold D. Roseman and Peter J. Peluso for respondent.
Order affirmed for the reasons stated in the opinion by Justice JOHN CARRO at the Appellate Division ( 86 A.D.2d 144). In addition, we note that the District Attorney conceded on oral argument that there is no remaining evidence which would support a conviction of the defendant and therefore dismissal of the indictment is appropriate (cf. People v Bouton, 50 N.Y.2d 130, 136; People v Malagon, 50 N.Y.2d 954).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG, MEYER and SIMONS.