PEOPLE v. SCOCCO

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The contention that the hearing court erred in denying suppression of the eavesdropping evidence has been considered and rejected on the appeal of the appellant's codefendant (see, People v Bialostok, 178 A.D.2d 537 [decided herewith]), and we find no basis for a different determination here.

The defendant's remaining contentions are without merit. Kunzeman, J.P., Sullivan, Eiber and Ritter, JJ., concur.