Order reversed, on the law, motion denied, and indictment reinstated.
Questions of fact have not been raised or considered. On appeal, the People contend that the indictment was improperly dismissed for lack of prosecution. We agree and so, implicitly, does defense counsel. Instead, defense counsel contends that, although defendant's motion is referred to in the order dismissing the indictment as one to dismiss "for lack of prosecution", the trial court intended to...
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