Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the first and second counts of the indictment, charging the defendant with attempted use of a child in a sexual performance (Penal Law §§ 110.00, 263.05) and disseminating indecent material to a minor in the first degree (Penal Law § 235.22), respectively, are dismissed, with leave to the People to re-present any appropriate charges to a new Grand Jury...
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