It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, the indictment is dismissed and the matter is remitted to Supreme Court, Onondaga County, for proceedings pursuant to CPL 470.45.
Memorandum:
Defendant was charged by an indictment with one count of grand larceny in the second degree (Penal Law § 155.40 [1]), arising out of an alleged scheme in which defendant obtained $65,000 from the victim...
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