Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment is denied, and the indictment is reinstated.
Contrary to the defendant's contention, the People did not waive any issues on this appeal by their alleged failure to respond to the defendant's omnibus motion in the Supreme Court. Rather, the relevant issues were placed before and decided by the Supreme Court in the...
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