Lahtinen, J.
Defendant was indicted in October 1997 by a Grand Jury for three counts of murder in the second degree, three counts of robbery in the first degree and two counts of criminal use of a firearm in the first degree stemming from an incident which occurred on May 23, 1997 on Lincoln Avenue in the City of Schenectady, Schenectady County, resulting in the death of Brian Gardiner. Upon defendant's motion at the close of the
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