Judgment modified, on the law, by reversing the conviction of murder in the second degree and the sentence imposed thereon, and the said count of the indictment is dismissed. As so modified, judgment affirmed.
On July 5, 1975 the nude body of 10-year-old Renee Marie Eberhart, who had been missing since the night of July 2, was found floating in Coney Island Creek. The cause of death was "asphyxia by drowning" and the body bore no signs of violence or sexual molestation...
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