Ordered that the motion is granted, and, upon reargument, the decision and order of this court dated July 3, 1989 is recalled and vacated, and the following decision and order is substituted therefor.
Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the case is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
On October 1, 1985, Detective Fogerty and...
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