Appellate Division of the Supreme Court of the State of New York May 4, 1981 (People v. Gonzalez)

— Appeal by the People from an order of the Supreme Court, Kings County, dated October 3, 1980, which granted defendant’s motion to dismiss the indictment based upon a finding of statutory double jeopardy (CPL art 40). Order reversed, on the law, motion denied and indictment reinstated. The matter is remitted to Criminal Term for further proceedings on the indictment.