Judgment affirmed.
The case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). On May 28, 1976, at approximately 9:15 P.M., a fire occurred at Jen-West Bootery, a shoe store owned by the defendant in Jackson Heights, Queens. Neighboring stores were also engulfed by the fire. After investigation of the occurrence, the People concluded that arson was involved. In an indictment filed August 16, 1976, defendant was...
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