On this appeal by the People we are called upon to answer the question of whether the fact that the person allegedly facilitated has been acquitted, after trial, of the underlying felony provides a legal basis, under the provisions of CPL 210.20 (subd 1, par [h]), for a dismissal of the indictment against a defendant who is charged with criminal facilitation. The County Court determined that the answer to that question was "yes". We disagree...
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