Opinion
June 23, 1988
Appeal from the Supreme Court, New York County, Harold Rothwax, J., Edward J. Greenfield, J.
The order denying defendant's motion to suppress physical evidence without a hearing was reversed by us and the matter remanded for a hearing on the motion to suppress. Pending such hearing, we held this appeal in abeyance (see, People v Martin, 135 A.D.2d 355). After hearing, the Supreme Court, New York County (Allen Alpert, J.), in a decision and order rendered on April 21, 1988, granted defendant's suppression motion. Since the People indicate they will not appeal this order, we reverse the underlying judgment herein and dismiss the indictment.
Concur — Sandler, J.P., Ross, Asch, Kassal and Ellerin, JJ.