Judgment, Supreme Court, New York County (B. Roberts, J.), rendered on March 27, 1979, reversed, on the law, the motion to suppress defendant’s statement granted, and the matter remanded for further proceedings. Present — Murphy, P. J., Ross, Markewich, Lupiano and Bloom, JJ. Bloom, J., concurs in a memorandum in which Murphy, P. J., concurs; Markewich, J., concurs on constraint of People v Rogers (48 NY2d 167); and Ross and Lupiano, JJ., dissent in a memorandum by Ross, J., all as follows: