Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Defendant was driving his car one February evening after spending some time with a friend at a local bar. Suddenly the friend, a passenger in the car, spotted a pedestrian who he (mistakenly) thought had previously burglarized his store. The passenger told defendant to stop the car...
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