Ordered that the matter is remitted to the Supreme Court, Kings County, to hear and report on those branches of the defendant's motions which were to dismiss the indictment on the ground of the denial of his State and Federal constitutional due process rights, and the appeal is held in abeyance in the interim. The Supreme Court, Kings County, is to file its report with all convenient speed.
We agree with the defendant that it was error to summarily deny his motions...
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