Ordered that the order is reversed insofar as appealed from, on the law, that branch of the defendant's motion which was to dismiss count three of the indictment is denied, count three of the indictment is reinstated, and the matter is remitted to the Supreme Court, Nassau County, for further proceedings on the indictment.
The defendant was indicted for, inter alia, official misconduct, in violation of Penal Law § 195.00 (1), based upon an allegation made by...
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