Order affirmed.
Appellant was tried for murder in the first degree in 1950 and convicted of murder in the second degree. This conviction was reversed on appeal for errors in the charge to the jury and a new trial was ordered. Appellant was retried upon the original first degree murder indictment and was again convicted of murder in the second degree in 1951. That conviction was affirmed on appeal (People v. De Mino, 281 App. Div. 839, affd.
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