Order unanimously reversed on the law, counts 3, 4 and 5 of the indictment reinstated and matter remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:
At 11:30 P.M. on April 21, 1988, defendant entered the home of his wife, from whom he was separated pursuant to a separation agreement, and shot and killed David Brooks. Defendant was subsequently indicted in a nine-count indictment in connection with the incident. Defendant...
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