Order unanimously reversed, indictment reinstated and permission to resubmit granted.
Memorandum:
Defendant has been indicted for criminal sale of a controlled substance in the third degree (Penal Law, § 220.39, subd 1) and petit larceny (Penal Law, § 155.25). After reviewing the Grand Jury minutes, County Court granted defendant's motion to dismiss the indictment for insufficiency and denied the District Attorney's application to resubmit. The indictment...
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