Order unanimously modified in accordance with the memorandum and as modified affirmed. Memorandum: The order dismissing the indictment should have provided that the District Attorney was authorized to resubmit the matter to the Grand Jury. (Appeal from order of Onondaga County Court dismissing indictment charging defendant with sodomy, second degree, and sodomy (misdemeanor) in violation of section 690 of the Penal Law.) Present — Bastow, J, P., Goldman, Halpern, McClusky and Henry, JJ.