Order unanimously reversed on the law, motion denied, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment.
Memorandum:
County Court erred in dismissing the indictment. The surviving victim testified before the Grand Jury that he and his cousin were shot by a man whom he had identified at the preliminary hearing as defendant. A witness to the shooting also testified that defendant was the perpetrator. The...
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