Appeal from order dated November 21, 1979 dismissed. No appeal lies from such an order (see CPL 450.20). Order dated September 29, 1979 reversed, on the law and as a matter of discretion in the interest of justice, and indictment reinstated.
In our opinion the circumstances of this case did not amount to an instance of "exceptionally serious misconduct" by the prosecution warranting dismissal of the instant indictment (see CPL 210.40, subd...
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