Opinion
July 27, 1989
Appeal from the Supreme Court, New York County, Harold Rothwax, J., Thomas Galligan, J.
On May 11, 1989, the Supreme Court, New York County (Galligan, J.), granted defendant-appellant's motion to suppress on the District Attorney's concession that it was unable to proceed. The prosecution concedes that without this confession it is unable to sustain its burden of proof. In view of this concession the indictment should be dismissed.
Concur — Murphy, P.J., Kupferman, Asch, Kassal and Wallach, JJ.