Ordered that the order is reversed, on the law, and the first count of the indictment is reinstated.
Contrary to the Supreme Court's holding, the defendant failed to meet his burden of proving, by a preponderance of the evidence (see, CPL 210.45 [7]), either that the authorities made "a clear and specific promise" to him that, in return for his cooperation, he would not be indicted for a felony, or that he performed "services * * * involving a significant degree...
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