Judgment reversed, insofar as appealed from, on the facts, sentence imposed on the conviction for manslaughter in the first degree vacated and count one of the indictment dismissed.
On August 22, 1981, the defendant fired one shot from a .32 calibre handgun and killed Arvin Irizary. Prior to trial, defense counsel indicated to Criminal Term that while there was no real dispute concerning the shooting itself, the question to be decided by the court was whether or not...
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