Present— Whalen, P.J., Smith, Carni, Curran and DeJoseph, JJ.
Appellate Division of the Supreme Court of New York, Fourth Department.
It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the first degree (Penal Law § 140.30[3]). We conclude that Supreme Court properly refused to suppress defendant's statement to the police inasmuch...
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