*611Order of Appellate Term modified to the extent of granting the motion to suppress the evidence taken from defendant Mazza’s person and, as so modified, affirmed, upon the ground that there was no evidence of a lawful arrest of defendant Mazza to justify a search incidental thereto (Code Crim. Pro., § 177). No opinion.

Concur: Chief Judge Desmond and Judges Dye, Fuld, Van Voorhis, Burke, Scileppi and Bergan.