Ordered that the judgment is affirmed, and the case is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
On the morning of December 12, 1990, the defendant and two codefendants were observed sitting in a car in the parking lot of an apartment complex for an extended period of time. A resident of the apartment complex called the police and two police cars responded to the scene. One of the officers observed a billy club...
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