People v. Aviles (55 A.D.2d 565, 1976)

Judgment of conviction, Supreme Court, Bronx County, rendered August 6, 1975, unanimously reversed, on the law, and the indictment dismissed. The circumstances are identical with those in People v Diaz (54 AD2d 543), our reversal and dismissal of the charge against the man who was arrested with defendant-appellant on the same charge. Perforce, this appeal must take the same road as Diaz. Concur—Markewich, J. P., Murphy, Birns, Capozzoli and Nunez, JJ.