Judgment modified, on the law and the facts, by reversing the conviction of murder in the second degree under Count No. 2, vacating the sentence imposed thereon, and dismissing the said count. As so modified, judgment affirmed.
The indictment (Count No. 2) charged that the defendant, "under circumstances evincing a depraved indifference to human life recklessly engaged in conduct which created a grave risk of death to another person by beating her about the head and...
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