Judgment unanimously modified on the law and as modified affirmed, in accordance with the following memorandum:
The People failed to prove the elements of reckless endangerment in the first degree. "A person is guilty of reckless endangerment in the first degree when, under circumstances evincing a depraved indifference to human life, he recklessly engages in conduct which creates a grave risk of death to another person" (Penal Law § 120.25). The proof shows...
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