Ordered that the judgment is affirmed, and the case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
On this appeal, the defendant challenges, inter alia, the People's use, on their direct case, of the tape recordings of conversations to which his codefendant and alleged coconspirator, Frank Provenzano, was a party. Since the People established, without resort to those statements, that a conspiracy existed...
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