Appellate Division of the Supreme Court of the State of New York December 19, 1966 (People v. Tomasello)

Order of the Supreme Court, Suffolk County, dated November 5, 1965, which dismissed an indictment charging the defendant with two counts of perjury in the first degree and directed that he be discharged and his bail be exonerated (see 48 Mise 2d 156) affirmed. No opinion. Christ, Acting P. J., Brennan, Hill, Hopkins and Benjamin, JJ., concur; with a separate memorandum by Hopkins, J.