We reverse defendant's conviction for reckless endangerment in the first degree and dismiss that charge, i.e., Count No. 3 of the indictment. At the moment Police Officer Stone, standing above the crowd on an elevated subway station, observed defendant fire a revolver, defendant and his brother were surrounded by a hostile, menacing group. Whether the shot was fired by defendant into the crowd or over the heads of those in front of him was a matter in dispute at the trial...
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