Ordered that the order is reversed insofar as appealed from, on the law, the order dated August 2, 1991, is vacated, that branch of the defendant's omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the County Court, Westchester County, for further proceedings consistent herewith.
The County Court erred in charging to the People a period of three days which had elapsed between the defendant's failure...
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