Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the count of the indictment charging the defendant with attempted robbery in the second degree is dismissed, and the matter is remitted to the Supreme Court, Queens County, for a hearing in accordance herewith and thereafter for a new determination of those branches of the defendant's motions pursuant to CPL 30.30 which were to dismiss the indictment on the ground that...
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