It is hereby ordered that the judgment so appealed from is unanimously reversed as a matter of discretion in the interest of justice and on the law, the indictment is dismissed, and the matter is remitted to Oswego County Court for proceedings pursuant to CPL 470.45.
Memorandum: Defendant appeals from a judgment convicting him as charged, following a jury trial. The indictment charged defendant with committing one count of grand larceny in the third degree in violation...
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