Ordered that the judgment is modified, on the law, by reversing the conviction of criminal possession of a weapon in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment. As so modified, the judgment is affirmed.
On appeal to this court, the defendant maintains that his conviction for the crime of murder in the second degree should be reduced to manslaughter in the first degree because he proved, by a fair preponderance...
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