Ordered that the order is reversed insofar as appealed from, on the law, the branch of the defendant's omnibus motion, pursuant to CPL 210.20 (1) (c) and 210.35 (5), which was to dismiss the first count of Indictment No. 3162/93, charging him with criminal sale of a controlled substance in the third degree, is denied, that count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.
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