Judgment modified, on the law, by reducing the conviction to one for attempted murder. As so modified, judgment affirmed, and case remanded to the Criminal Term for resentencing (see CPL 470.20, subd 4).
A review of the record indicates that while the trial evidence adduced was not sufficient to support defendant's guilt of the crime of murder, under the law as laid down by the Court of Appeals, it is sufficient beyond a reasonable doubt to establish his guilt of...
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