It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of criminal use of a firearm in the first degree under count 10 of the indictment, vacating the sentence imposed thereon and dismissing that count of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him after a bench trial of attempted murder...
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