Order modified, on the law, by deleting the provision granting the branch of the defendant's motion which was to dismiss the indictment and substituting therefor a provision adhering to the original determination denying that branch of the motion, and indictment reinstated.
By Queens County indictment No. 2973/85, the defendant was charged with murder in the second degree (two counts), kidnapping in the first degree, and criminal possession of a weapon in the second...
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