Opinion
Argued November 13, 1974
Decided December 18, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J. LEAHY J.
George Haber for appellant.
Nicholas Ferraro, District Attorney ( Alan M. Snyder of counsel), for respondent.
Order reversed, defendant's motion to suppress evidence granted and a new trial ordered on the dissenting opinion by Mr. Justice J. IRWIN SHAPIRO at the Appellate Division.
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.