Opinion
December 31, 1986
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50
Inasmuch as the statutory authority pursuant to which the police officers acted in searching the defendant's premises (see, Vehicle and Traffic Law § 415-a [a]; N Y City Charter § 436) has now been held to be an unconstitutional infringement upon the right to be protected against unreasonable searches and seizures (see, People v. Burger, 67 N.Y.2d 338, cert granted ___ US ___, 107 S Ct 61), the defendant's conviction, based on his offering for sale and possession of stolen automobile parts and on the discovery of a gun on the premises which was recovered as a direct result of the unconstitutional search, can no longer stand (see, e.g., People v. Vitti, 121 A.D.2d 664). Mangano, J.P., Bracken, Niehoff and Weinstein, JJ., concur.