Judgment unanimously modified on the law and as modified affirmed and matter remitted to Cayuga County Court for further proceedings in accordance with the following Memorandum: After four witnesses had testified, County Court declared a mistrial, sua sponte, and ordered a new trial on the same indictment. Thereafter, defendant was indicted for a similar crime committed subsequent to the first indictment and both indictments were consolidated for a new trial. Defendant...
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