Ordered that the judgment is reversed, on the facts and as a matter of discretion in the interest of justice, that branch of the defendant's motion which was for a hearing pursuant to CPL 216.05(3) is granted, and the matter is remitted to the Supreme Court, Richmond County, for a hearing pursuant to CPL 216.05(3) and, if warranted, further proceedings thereafter in accordance with CPL article 216.
The defendant was indicted on one count of criminal possession of...
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