Ordered that the order is reversed, on the law, the defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction is granted, and a new trial is ordered; and it is further,
Ordered that the appeal from the judgment is dismissed in light of our determination on the appeal from the order. No questions of fact have been raised or considered.
The basis of the defendant's CPL 440.10 motion to vacate his judgment of conviction, is that a "DD-5 Complaint...
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