OPINION OF THE COURT

Order reversed, judgment of conviction and plea vacated, motion to suppress granted and the case remitted to Albany County Court for further proceedings on the indictment for reasons stated in the dissenting memorandum of Justice Ann T. Mikoll at the Appellate Division (83 AD2d 689-690).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.