Opinion
Argued March 26, 1981
Decided April 28, 1981
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, DONALD ZIMMERMAN, J.
Melvin N. Borowka for appellant.
Mario Merola, District Attorney (Peter D. Coddington and Timothy J. McGinn of counsel), for respondent.
Order reversed, plea vacated, defendant's statement suppressed and case remitted to Supreme Court, Bronx County, for further proceedings on the indictment (People v Grant, 45 N.Y.2d 366, 379-380).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.