Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
The defendant, a gas station owner, was arrested after he purchased a truckload of tires from an undercover police officer. The officer had led the defendant to believe that the tires were stolen, although they were in fact loaned to the police department by a tire dealer. The defendant contends that the trial...
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