Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reversing the conviction of murder in the second degree under the third count of the indictment, vacating the sentence imposed thereon, and ordering a new trial with respect to that count; as so modified, the judgment is affirmed.
We agree with the defendant that his conviction of murder in the second degree must be reversed due to the trial court's erroneous charge. The...
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