Order reversed on the law and the facts and proceeding remitted to the County Court, Dutchess County, for the purpose of (a) holding a hearing as to any issue properly raised by the defendant; and (b) making a determination de novo on the basis of the proof adduced at the hearing.
In our opinion, the defendant has sufficiently raised an issue of fact which should be resolved by a hearing at which all the available witnesses will testify and will be subject...
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