It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, the motion to suppress is granted and the matter is remitted to Erie County Court for further proceedings on the indictment.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). We agree with defendant that County
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