It is hereby ordered that the order so appealed from is unanimously reversed on the law, the motion pursuant to CPL 440.10 (1) (g) is granted, the judgment of conviction is vacated, and the matter is remitted to Supreme Court, Monroe County, for further proceedings on the indictment.
Memorandum: On a prior appeal, we remitted the matter to Supreme Court to conduct a hearing on defendant's motion pursuant to CPL 440.10 (1) (g) seeking vacatur of the judgment "on the...
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