Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was to dismiss count one of the indictment is denied, and count one of the indictment is reinstated.
The respondent was indicted for enterprise corruption, promoting gambling in the first degree, possession of gambling records in the first degree, and conspiracy in the fifth degree in connection with his alleged participation in an unlawful gambling...
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