Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The evidence adduced at the trial shows that toward the end of 1988, the victim had hired the defendant to remove the debris being generated by the victim's construction company at a demolition site in Brooklyn. After removing two truckloads of debris, the defendant informed the victim that he was not going to remove...
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