Judgment modified, on the law, by reversing the convictions of murder in the second degree (under the first count of the indictment, alleging specific intent) and robbery in the first degree, and the sentences imposed thereon, and the said counts are dismissed. As so modified, judgment affirmed.
The People's proof failed to establish a separate, specific intent to commit murder on the part of the defendant since it was nowhere shown that he actually fired the fatal...
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