Orders reversed insofar as appealed from, on the law, and the fourth count of the indictment is reinstated as against defendants Porter and Ruffin.
We deem the notice of appeal amended so as to reflect the correct dates of the orders appealed from. The proof before the Grand Jury was sufficient to sustain the fourth count of the indictment (see CPL 190.65, subd 1). At the accusatory stage, legally sufficient evidence is prima facie evidence, not proof beyond a reasonable...
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