Unanimously modified, on the law, to the extent of reinstating the first count of the indictment and otherwise affirmed.
On September 5, 1977, the body of Larry Martino was found beneath the railroad viaduct at East 106th Street and Park Avenue. He had been shot to death. In connection with this homicide, the defendant was indicted for the crimes of tampering with physical evidence and hindering prosecution in the first degree. Defendant moved to dismiss the indictment...
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