Mercure, J.
An indictment charged defendant with a number of crimes arising out of a May 16, 1998 incident in which he unlawfully entered the home of his estranged paramour, Paulina Merrills, and then shot her to death. The first count of the indictment, which is primarily at issue on this appeal, charged defendant with murder in the first degree in violation of Penal Law § 125.27 (1) (a) (vii) by intentionally killing Merrills while he was in the course of committing...
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