Appellate Division of the Supreme Court of the State of New York November 21, 2003 (People v. Smith)

Appeal from an order of Supreme Court, Erie County (Buscaglia, J), entered May 27, 2003, which granted defendant’s motion to suppress evidence and dismissed the indictment.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On this appeal pursuant to CPL 450.