Ordered that the judgment is reversed, on the facts, the indictment, is, dismissed, and the matter is remitted to the County Court, Orange County, for further proceedings consistent with CPL 160.50.
According to evidence adduced at a nonjury trial, on August 2, 2016, at approximately 12:30 p.m., two women stopped for a smoke break at the side of a building on the corner of Third Street and Grand Street in Newburgh. A young black man came running by from the direction...
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