Judgment unanimously reversed on the law and facts and indictment dismissed.
Memorandum:
Defendant was convicted upon his plea of guilty to a violation of section 974 of the Penal Law which plea was entered after a pretrial motion to suppress certain evidence had been denied. A search warrant had been signed by a Judge of Buffalo City Court but when the suppression motion was made an indictment was pending in Erie County Court. The latter court should have...
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