Ordered that the order entered May 7, 2008 is reversed insofar as appealed from, on the law, upon reargument, the determination in the order dated November 19, 2007, granting the defendant's motion to dismiss the indictment is vacated, the defendant's motion to dismiss the indictment is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
The People failed to preserve for appellate...
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