Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
Where the charge against a defendant is limited either by a bill of particulars or the indictment itself, the defendant has a "fundamental and nonwaivable" right to be tried only on the crimes charged (People v Garson,
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