Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).
This case arises out of the arrest in November 1985 of the defendant and his brother for possession of gambling records. Following the arrest, the defendant's brother asked the arresting officer whether "there was anything [he] could do" that would keep him and his brother out of jail and permit them to continue...
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