Ordered that the judgment is modified, on the law, by vacating the conviction of murder in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The evidence established that the defendant shot at the victim several times at close range. The victim, who was shot in the neck and chest, died as a result of his injuries.
The defendant was acquitted of intentional murder...
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