Opinion
Submitted March 30, 1979
Decided May 10, 1979
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, DON H. STACY, J.
Frank M. Klinger for appellant.
Robert G. Hurlbutt, District Attorney (Bernard Kobroff of counsel), for respondent.
Order reversed, motion to suppress defendant's statements granted, plea vacated and case remitted to Oswego County Court for further proceedings on the indictment for reasons stated in the dissenting memorandum by Mr. Justice STEWART F. HANCOCK, JR., at the Appellate Division ( 62 A.D.2d 1157-1158; see, also, People v Munlin, 45 N.Y.2d 427; and People v Grant, 45 N.Y.2d 366).
Concur: Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG.