Ordered that the judgment is reversed, on the law and the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Richmond County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The evidence adduced at trial established that on the afternoon of December 21, 1987, the defendant drove past the home of the decedent, with whom he was acquainted, and saw a car belonging to a friend of the decedent parked in front...
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