Order reversed, on the law, motion denied and indictment reinstated.
Defendant was charged with two counts of grand larceny in the second degree. The opening by the prosecutor consisted in part of a reading of the two counts of the indictment, which charged a wrongful taking of a sum of money; one of the counts charged that this was accomplished by a "scheme and plan". The prosecutor then stated that the victim of the crime would testify that he had been induced to...
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