Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the County Court, Suffolk County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
At approximately 11:00 A.M. on January 29, 1987, the victim was taking a shower in her house when she noticed a shadow through the sliding glass door to the shower. She saw a man who she described as between five feet two inches and five feet four...
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