Judgment reversed, on the law, and indictment dismissed.
The case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The fines, if paid, are ordered remitted. The People failed to establish beyond a reasonable doubt the element of intent. This precise issue was dealt with in an earlier appeal by one of appellant's codefendants. (See People v Jones,
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