Judgment unanimously reversed on the law and new trial granted on count two of the indictment; indictment otherwise dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury.
Memorandum:
Defendant was convicted of manslaughter in the first degree as a lesser included offense of murder in the second degree and criminal possession of a weapon in the third degree as charged. The charges arose out of the stabbing death...
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