It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of defendant's motion seeking to dismiss the first count of the indictment and reinstating that count, and as modified the order is affirmed and the matter is remitted to Supreme Court, Monroe County, for further proceedings on the indictment.
Memorandum: The People appeal from an order that granted in part defendant's motion to dismiss the indictment based...
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