Opinion
Argued November 13, 1980
Decided November 25, 1980
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, EUGENE W. BERGIN, J.
Edward J. Nowak, Public Defender (William G. Pixley of counsel), for appellant.
Lawrence T. Kurlander, District Attorney (Melvin Bressler of counsel), for respondent.
Order reversed, defendant's motion to suppress granted and a new trial ordered (see People v Rogers, 48 N.Y.2d 167).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER.