Order reversed, on the law, motion denied, first count of the indictment reinstated, and matter remitted to Criminal Term for further proceedings.
Defendant was indicted for the crimes of possession of a weapon in the second degree and menacing. The trial court granted the motion by defendant to dismiss the first count of the indictment in the furtherance of justice (CPL 210.20, 210.40). Thereafter, defendant entered a guilty plea to the remaining count of the indictment...
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