Judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for resentencing in accordance with the following Memorandum: In appeal No. 1, we conclude that County Court properly denied defendant's motion to dismiss the indictment based upon the insufficiency of the proof of value before the Grand Jury. The court's ruling on the sufficiency of the evidence before the Grand Jury prior to defendant's first trial was the law of...
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