Ordered that the judgment is modified, on the law, by reversing the conviction of possession of a gambling device, vacating the sentence imposed thereon and dismissing that count of the indictment with leave to the District Attorney to seek an order permitting resubmission of the charge to another Grand Jury; as so modified, the judgment is affirmed.
We agree with the defendant that the prosecution's withdrawal of the count of possession of a gambling device from...
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