Judgment modified, on the law, by reversing the conviction of attempted murder in the second degree and the sentence imposed thereon, and said count of the indictment is dismissed. As so modified, judgment affirmed.
The first count of the indictment charged that defendant, while acting in concert with other persons on or about June 21, 1980, "with intent to cause the death of [the complainant], attempted to cause [her] death * * * by means of choking and beating her...
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