Ordered that the order is reversed, on the law, the motion to dismiss is denied, the count of the indictment charging the defendant with the crime of attempted burglary in the second degree is reinstated, and the matter is remitted to the County Court, Nassau County, for further proceedings consistent herewith.
Under the facts of this case, the County Court erroneously determined that the evidence before the grand jury was legally insufficient to establish the charge...
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