Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.
Memorandum:
In 1987 defendant was held for the Grand Jury on a charge of criminal possession of a controlled substance in the third degree. On October 20, 1987 defendant waived indictment and pleaded guilty to attempted criminal possession of a controlled substance in the third degree on a superior...
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