Judgment unanimously affirmed.
Memorandum:
In 1990 defendant was indicted for, inter alia, two counts of murder in the second degree (Penal Law § 125.25 [1]) in connection with the shooting death of an acquaintance. Count one of the indictment alleged that defendant acted alone in the shooting, and count two alleged that defendant shot the victim "while assisted by others actually present." The trial court charged counts one and two in the alternative...
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