Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion in the interest of justice, that branch of the defendant's motion which was to dismiss count six of the indictment charging him with criminal contempt in the first degree is denied, and the matter is remitted to the County Court, Suffolk County, for further proceedings consistent herewith.
According to the evidence presented to a grand jury, on May 23, 2002, the defendant...
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