Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reversing the convictions of manslaughter in the second degree and criminally negligent homicide, and vacating the sentences imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial on those counts and for further proceedings pursuant to CPL 460.50 (5).
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