People v. Paccione

*1028OPINION OF THE COURT

Marie G. Santagata, J.

The decision of this court dated June 13, 1979 is vacated and the following is filed in its place and stead.

The defendants are charged by a four-count indictment with burglary in the second degree, grand larceny in the second degree, possession of burglar’s tools and conspiracy in the second degree.

This motion was made by the defendants to dismiss the indictment based on a violation of their constitutional right of due process. The defendants contend that the police created the crime, abused the defendants at the time of arrest, infiltrated the office…