Opinion
Decided July 2, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, ALVIN SCHLESINGER, J.
Mario Merola, District Attorney ( Mark L. Freyberg of counsel), for appellant.
Shirley Werner and William E. Hellerstein for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [b]), order reversed and judgment reinstated for the reasons stated in the dissenting memorandum by Justice LEONARD H. SANDLER at the Appellate Division ( 86 A.D.2d 811, 812; see, also, People v Glover, 57 N.Y.2d 61; People v Green, 56 N.Y.2d 427) and the case remitted to the Appellate Division, First Department, for consideration of the facts (CPL 470.40, subd 2, par [b]; 470.25, subd 2, par [d]).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.