Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for *991further proceedings on the indictment. Same Memorandum as in People v Anderson (237 AD2d 989 [decided herewith]). (Appeal from Order of Monroe County Court, Maloy, J.—Dismiss Indictment.) Present—Pine, J. P., Lawton, Doerr, Balio and Boehm, JJ.