Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of murder in the second degree to a conviction of manslaughter in the second degree, and vacating the sentence imposed; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing.
The defendant has not preserved for appellate review his contention that the People failed to prove his identity as the perpetrator beyond...
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