Ordered that the appeal from the order dated January 14, 1997, is dismissed, as that order was superseded by the order dated March 3, 1997, made upon reargument; and it is further,
Ordered that the order dated March 3, 1997, is reversed insofar as reviewed, on the law, the order dated January 14, 1997, is vacated, the defendant's motion pursuant to CPL article 440 is granted, the judgment is vacated, and a new trial is ordered.
We agree with the defendant...
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