OPINION OF THE COURT
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 AD2d 1157-1158; see, also, People v Munlin, 45 NY2d 427; and People v Grant, 45 NY2d 366).
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Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg.