Ordered that the judgment is modified, on the law, by reversing the conviction of criminal use of a firearm in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
On April 24, 1985, the defendant shot at Carlos Diaz, but instead hit Raoul Sanchez, who was standing nearby, causing his death. The defendant was subsequently arrested and charged, inter alia, with murder...
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