Appeal from the order entered January 3, 1978, dismissed. Order dated January 6, 1978 reversed, on the law, indictment and verdict reinstated, and case remanded to Criminal Term for sentencing.
Defendant-respondent's motion to dismiss this appeal was denied on October 25, 1978 with leave to renew on the appeal. The motion was renewed at oral argument. Upon reconsideration, we adhere to the prior ruling. The issue raised by the motion concerns the timeliness of the...
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