Motion for resettlement deemed as one for reargument, the motion for such reargument granted and, upon reargument, the memorandum decision filed with the order of this court entered on November 24, 1981 is recalled and a new memorandum substituted therefor as follows.
Order entered May 16, 1980, reversed, on the law, and the second count reinstated.
The trial court should not have dismissed the second count of the indictment for legal insufficiency. The testimony...
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