Judgment reversed, on the law, indictment dismissed, and case remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
According to the People's proof at trial, defendant stood by as the bodyguard of the seller, in the seller's apartment, during the transaction which is the predicate for the crime underlying defendant's conviction. In order that the finding of guilt may be sustained, it must appear...
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