Ordered that the order is affirmed insofar as appealed from.
The Supreme Court did not err in dismissing counts 1 through 4 and 6 through 21 of the indictment, based on the expiration of the statute of limitations. A criminal action "commences with the filing of an accusatory instrument ... in a criminal court" (CPL 1.20 [16] [a]). A prosecution for a felony, other than a Class A felony or certain other felonies not at issue here, must be "commenced within five years...
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