¶ Judgment modified, on the law, by reversing the conviction of manslaughter in the second degree and vacating the sentence imposed thereon, and that count of the indictment is dismissed. As so modified, judgment affirmed.
¶ As the People concede, the count charging manslaughter in the second degree was an inclusory concurrent count of manslaughter in the first degree. Therefore, a guilty verdict of the greater offense requires dismissal of the lesser offense...
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