Ordered that the order is reversed insofar as appealed from, on the law, upon reargument, the order entered October 11, 2002 is vacated, and the matter is remitted to the Supreme Court, Nassau County, for a hearing on the defendant's motion and a new determination thereafter.
After the defendant's first trial ended in a mistrial when the jury was unable to agree on a verdict, the defendant was retried and convicted of robbery in the first degree, robbery in the second...
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