Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was to dismiss Count One of Suffolk County Indictment No. 1239/93 is denied, and Count One is reinstated.
The evidence before the Grand Jury, if accepted as true, established that, at 1:15 P.M. on February 23, 1993, the defendant was driving his red pickup truck eastbound down Sunrise Highway. The road was straight, with three lanes in each direction...
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