Ordered that the order dated October 21, 2010, is reversed, on the law, the defendant's motion to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the County Court, Suffolk County, for further proceedings; and it is further,
Ordered that the appeal from the order dated December 20, 2010, is dismissed as academic in light of our determination on the appeal from the order dated October 21, 2010.
"To dismiss an indictment...
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