Initially, we note that on June 16, 1972 the defendants were again indicted for official misconduct and were subsequently arraigned. Accordingly, the issues as to the propriety of the dismissal of count three of the original indictment have been rendered academic (CPL 200.80). With respect to count one we hold that such is sufficient and should not have been dismissed. Trial Term held that a bridge may not be considered a "public utility operated by a municipality" within...
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