Order unanimously affirmed.
Memorandum:
The indictment herein, being in long form, is defective insofar as it charges murder, first degree, because omitted therefrom is the essential allegation that the act was done with a deliberate and premeditated design to effect death (Penal Law, § 1044, subd. 1) or that the act was done in a manner to bring the crime within the provisions of subdivision 2 of the same section. Being in long form, the defect could...
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