It is hereby ordered that the judgment so appealed from be and the same hereby is reversed on the facts, the indictment is dismissed and the matter is remitted to Genesee County Court for proceedings pursuant to CPL 470.45. All findings of fact made by the jury 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: On appeal from a judgment convicting him after a jury...
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