People v. Branch (174 A.D.2d 1044, 1991)

—Order unanimously affirmed and indictment dismissed. Memorandum: We affirm for reasons stated in the decision of Erie County Supreme Court (Rossetti, J.). We add only that the recent decision of the Second Circuit Court of Appeals in United States v Montilla (928 F2d 583), does not compel a contrary result. (Appeal from Order of Supreme Court, Erie County, Rossetti, J.—Suppress Evidence.) Present—Doerr, J. P., Green, Pine, Balio and Lawton, JJ. [See, 151 Misc 2d 498.]