Ordered that the appeal is dismissed.
The defendant was charged with three counts of murder in the second degree (felony murder, intentional murder and depraved indifference murder) after he raped and killed an acquaintance. He subsequently pleaded guilty to the entire indictment without the People's consent. Prior to sentencing, the County Court dismissed the intentional murder count on the ground that it was inconsistent with the depraved indifference murder count...
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