It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the facts, the indictment is dismissed and the matter is remitted to Erie County Court for proceedings pursuant to CPL 470.45. All findings of fact made by the Trial Judge that are inconsistent with the Memorandum herein are hereby reversed and new findings are made pursuant to CPLR 5712 (c) as contained in the following Memorandum: Defendant was convicted after a bench...
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