Judgment modified, on the law, by reversing the conviction for murder in the second degree, and vacating the sentence imposed thereon.
As so modified, judgment affirmed, and new trial ordered as to the charge of murder in the second degree. In light of the trial evidence that defendant may have been intoxicated at the time he shot his victim, the court correctly instructed the jury with respect to section 15.25 of the Penal Law, and explained that intoxication could...
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