It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Contrary to the contention of defendant, Supreme Court did not abuse its discretion in denying his motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40 (1) based on his medical condition. "[T]erminal illness, even in cases where the diagnosis [is] far more certain and far more dire than the speculative prognosis...
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