Opinion
May 30, 1980
Motion by appellant for reargument and reconsideration of decision dated July 26, 1979 [ 71 A.D.2d 782] granted. Order entered August 8, 1979 vacated. Upon reargument, we adhere to our original determination dismissing the People's appeal. Mahoney, P.J., Sweeney, Kane and Staley, Jr., JJ., concur. Herlihy, J., concurs in the granting of reargument but votes to reverse the order appealed from for the reasons stated in his dissenting opinion dated July 26, 1979 [ 71 A.D.2d 782, 783].