Ordered that the order dated April 14, 2011, is reversed insofar as appealed from, on the law, upon reargument, the determination in the order dated January 4, 2011, granting that branch of the defendant's motion which was to dismiss count one of the indictment is vacated, that branch of the defendant's motion which was to dismiss count one of the indictment on the ground that the evidence presented to the grand jury was legally insufficient is denied, count one of the indictment...
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