Judgment unanimously reversed on the law, new trial granted on count five of indictment and indictment otherwise dismissed without prejudice to the People to re-present any appropriate charges to another Grand Jury.
Memorandum:
Defendant was charged in an indictment with three counts of murder in the second degree (Penal Law § 125.25 [1] [intentional murder]; § 125.25 [2]
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