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The People of the State of New York v. Salvatore Viggiano
It is hereby ordered that the order so appealed from is unanimously affirmed and the indictment is dismissed.
Same memorandum as in People v Barbosa (49 AD3d 1233 [2008]). Present-Scudder, PJ., Hurlbutt, Lunn, Pine and Gorski, JJ.
