The People of the State of New York, Respondent, v. Russell Dickerson, Appellant, 22 A.D.2d 768

Judgment convicting defendant of the crime of attempted felonious possession of a narcotic drug, unanimously reversed, on the law, on the facts and in the exercise of discretion, and a new hearing directed on the motion to suppress. Since the physical condition of defendant’s counsel may have affected his representation of the defendant, in the interests of jusitce we conclude a new hearing is indicated. Concur — Breitel, J. P., Rabin, Valente, McNally and Steuer, JJ.