Judgment *956unanimously reversed on the law, motion to suppress granted, plea vacated, and matter remitted to Ontario County Court for further proceedings on the indictment. Same memorandum as in People v Liberatore ([appeal No. 1 ] 167 AD2d 955 [decided herewith]). (Appeal from judgment of Ontario County Court, Reed, J.—criminal sale of controlled substance, third degree.) Present—Dillon, P. J., Callahan, Green, Balio and Davis, JJ.