Order insofar as appealed from unanimously reversed on the law, motion denied, second, fourth, and fifth counts of the indictment reinstated and matter remitted to Onondaga County Court for further proceedings on the indictment.
Memorandum:
The court improperly dismissed the second count of the indictment charging defendant with manslaughter in the first degree. That count alleged that, "intending to cause physical injury to the victim by striking her in the...
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