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 first count of Indictment No. 1319/97 charging him with manslaughter in the second degree is denied, that count of the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.
The evidence adduced at the Grand Jury established that in the early morning hours of February...
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