Amended order reversed, motion to dismiss the indictment denied, and indictment reinstated.
The ground upon which the motion was granted is not one of those specified in section 313 of the Code of Criminal Procedure, and we do not find that any of respondent's constitutional rights was violated. (Cf. People v. Glen, 173 N.Y. 395; People v. Sexton, 187 N.Y. 495.) The record contains sufficient legal evidence, heard by at least twelve of the grand jurors...
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