Opinion
October 26, 1976
Judgment, Supreme Court, Bronx County, rendered April 10, 1975, unanimously reversed, on the law, the motion to suppress granted, and matter remanded for trial anew. This case is indistinguishable from the codefendant's appeal (People v Almestica, 53 A.D.2d 580), in which we arrived at the same result.
Concur — Markewich, J.P., Birns, Capozzoli and Yesawich, JJ.; Nunez, J., concurs on constraint of People v Almestica (supra).