Judgment affirmed and case remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). Defendant was indicted, inter alia, for the crime of manslaughter in the first degree.
The trial court submitted only that count and the lesser included offense of manslaughter in the second degree to the jury. Defendant contends that the portion of the court's charge in which the jury was instructed that it was to "render a verdict...
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