Judgment unanimously reversed on the law, plea vacated, suppression motion granted, and matter remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:
The court erred in denying defendant's suppression motion. It found that exigent circumstances justified the warrantless entry at 301 Kellogg Street, where defendant was arrested after he was found in the attic rolled up in a mattress. The court relied on
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