Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter remitted to Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
The defendant was convicted of burglarizing a Kentucky Fried Chicken restaurant in Queens. The evidence adduced at trial establishes that the burglar alarm sounded at 5:17 A.M., but the police did not arrive at the scene until approximately 50 minutes...
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