Order unanimously reversed on the law, motion denied, indictment No. 4201 reinstated and matter remitted to Wyoming County Court for further proceedings on the indictment.
Memorandum:
County Court erred in granting defendant's motion to dismiss indictment No. 4201 on the ground that the People failed to honor a request by defendant to testify before the Grand Jury (see, CPL 190.50 [5] [c]). Indictment No. 4201 superseded indictment No. 4180 and was...
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