Opinion
November 16, 1979
Appeal from the Erie Supreme Court.
Present — Dillon, P.J., Cardamone, Simons, Callahan and Witmer, JJ.
Judgment unanimously reversed, on the law and facts, motion to suppress granted, and matter remitted to Supreme Court, Erie County, for further proceedings on the indictment. Same memorandum as in People v Thomas ( 72 A.D.2d 910).