Ordered that the judgment is reversed, on the law, and the indictment is dismissed, with leave to the People to resubmit the charges to a different Grand Jury.
The prosecutor's failure to charge the Grand Jury with respect to the complete defense of agency necessitates dismissal of the indictment. Further, and as the People concede, the trial court committed reversible error in subsequently denying the defendant's request for an agency charge.
It is well settled...
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