It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed on the law, a new trial is granted on counts three and four of the indictment and the indictment is otherwise dismissed without prejudice to the People to re-present any appropriate charges under count one of the indictment to another grand jury.
Memorandum:
Defendant appeals from a judgment convicting him after a jury trial of manslaughter in the first degree...
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