Judgment unanimously reversed, on the law, and indictment dismissed, in accordance with the following memorandum:
After a jury trial defendant was acquitted of murder in the second degree (Penal Law § 125.25 [1]), for which he was indicted, but convicted of manslaughter in the first degree while under the influence of extreme emotional disturbance (Penal Law § 125.20 [2]). A lesser included offense charge was requested by the People and objected to by defendant...
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