Opinion
July 25, 1994
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is reversed, on the law and the facts, the plea is vacated, that branch of the motion which was to suppress physical evidence is granted, the indictment is dismissed, and the matter is remitted to the County Court, Nassau County, for the entry of an order in its discretion pursuant to CPL 160.50.
In view of our determination in the codefendant's appeal that the basis-of-knowledge prong of the Aguilar-Spinelli test was not satisfied in this case, the judgment must be reversed and the indictment must be dismissed (see, People v. Isaac, 206 A.D.2d 545 [decided herewith]).
Based on the foregoing, we need not consider the defendant's remaining contentions. Sullivan, J.P., Balletta, Joy and Friedmann, JJ., concur.