Opinion
Argued September 1, 1982
Decided October 7, 1982
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN J. CLYNE, J.
F. Stanton Ackerman for appellant.
Sol Greenberg, District Attorney ( Joselle G. Waters of counsel), for respondent.
Order reversed, judgment of conviction and plea vacated, motion to suppress granted and the case remitted to Albany County Court for further proceedings on the indictment for reasons stated in the dissenting memorandum of Justice ANN T. MIKOLL at the Appellate Division ( 83 A.D.2d 689-690).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.