Judgment reversed, on the law, indictment dismissed and case remitted to the County Court, Westchester County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The People failed to present facts sufficient to go to the jury. Briefly, the facts adduced at the trial indicated that on Monday, August 26, 1974, at about 1:25 P.M., the police received a telephone call from the defendant that there had been an automobile accident with injuries...
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