
    The People of the State of New York, Respondent, v Larry Hinton, Appellant.
    Argued September 22, 1978;
    decided October 31, 1978
    
      APPEARANCES OF COUNSEL
    
      Martin Gedulgig for appellant.
    
      John J. Santucci, District Attorney (Joan L. Craig of counsel), for respondent.
   OPINION OF THE COURT

Order reversed, conviction and plea vacated, motion to suppress granted and case remitted to Supreme Court, Queens County, for further proceedings on the indictment on the dissenting memorandum by Mr. Justice Vincent D. Damiani at the Appellate Division (55 AD2d, at p 657; see, also, People v Grant, 45 NY2d 366; People v Buxton, 44 NY2d 33).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Cooke.  