Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum:
Defendant contends that the proof is legally insufficient to support his conviction of reckless endangerment in the first degree. We agree. The proof establishes that defendant held an operable, loaded gun to the victim's head and that the gun went off when a third party ran toward defendant and grabbed his arm. The People argue that the commission of the...
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