Order reversed, conviction and plea vacated, motion to suppress granted and case remitted to Supreme Court, Queens County, for further proceedings on the indictment on the dissenting memorandum by Mr. Justice VINCENT D. DAMIANI at the Appellate Division (55 A.D.2d, at p 657; see, also, People v Grant, 45 N.Y.2d 366; People v Buxton, 44 N.Y.2d 33).
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE.