—Appeal by the People from so much of an order of the Supreme Court, Queens County (Dunlop, J.), dated December 9, 1998, as granted that branch of the defendant’s omnibus motion which was to dismiss the first and second counts of the indictment.
Ordered that the order is affirmed insofar as appealed from.
Under the facts of this case, the Supreme Court properly dismissed the first and second counts of the indictment. S. Miller, J. P., Altman, Schmidt and Smith, JJ., concur.