Ordered that the order entered August 5, 2008 is reversed insofar as appealed from, on the law, upon reargument, so much of the order entered May 12, 2008 as granted those branches of the defendant's application which were to dismiss counts one and two of the indictment is vacated, those branches of the application are denied, the counts are reinstated, and the matter is remitted to the County Court, Nassau County, for further proceedings on the indictment.
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