Judgment unanimously affirmed.
Defendant was indicted for the crime of murder in the second degree (Penal Law § 125.25 [1]). The first count of the indictment alleged that on December 14, 1984 he intentionally caused the death of John W. Moore. The second count charged defendant with murder in the second degree (Penal Law § 125.25 [2]), alleging that, under circumstances evincing a depraved...
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