Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
At the defendant's first trial six jurors had been selected and sworn in on July 6, 1989, and six additional jurors were selected and sworn in on July 7, 1989. On July 10, 1989, the prosecutor moved for a mistrial on the ground that the ballistics...
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