Opinion
December 10, 1964
Appeal from the Monroe Special Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.
Order unanimously affirmed, without costs of this appeal to either party. Memorandum: In affirming the denial of a motion to suppress a statement obtained by a private person in violation of section 270-b of the Penal Law we also desire to point out that there is no statutory provision for this motion. As to the admissibility of the statement in question (see Sackler v. Sackler, 15 N.Y.2d 40; Neff v. Franklinville Roofing Co., 308 N.Y. 946; Bloodgood v. Lynch, 293 N.Y. 308; Matter of Thanhauser v. Milprint, Inc., 9 A.D.2d 833).