Ordered that the order is reversed, on the law, those branches of the defendant's motion which were to dismiss the remaining count of Queens County Indictment No. 5386/89 charging him with murder in the second degree and the submitted lesser included offense of manslaughter in the first degree are denied, the murder count is reinstated, and a new trial is ordered.
The defendant was charged with the murder of Anthony Venerable. The evidence adduced at trial established...
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