
    The People of the State of New York, Appellant, v Patrick J. Frawley, Respondent.
    [858 NYS2d 627]
   Appeal from an order of the Genesee County Court (Robert C. Noonan, J.), dated July 12, 2007. The order granted that part of defendant’s omnibus motion seeking to suppress physical evidence.

It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed (see People v Machovoe, 242 AD2d 898 [1997]; People v Saurini, 201 AD2d 869 [1994]). Present—Martoche, J.P., Smith, Centra, Peradotto and Green, JJ.  