Ordered that the judgment is reversed, on the law, the indictment is dismissed, with prejudice, and the matter is remitted to the Supreme Court, Queens County, for entry of an order in its discretion pursuant to CPL 160.50.
The defendant was initially indicted for burglary in the third degree, criminal mischief in the second degree and possession of burglar's tools. The defendant's motion to dismiss the indictment was granted with leave to re-present based upon the...
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