Ordered that the order is reversed, on the law, that branch of the defendant's omnibus motion which was to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings consistent herewith.
In instructing the Grand Jury on the law, the prosecutor, inter alia, tracked verbatim the language of Penal Law § 220.21 (1) and § 220.16 (1) which set forth the elements...
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