Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by vacating the conviction of murder in the second degree under count six of the indictment, vacating the sentence imposed thereon, and dismissing count six of the indictment; as so modified, the judgment is affirmed.
Under the circumstances of this case, the defendant did not voluntarily, knowingly, and intelligently waive his right to appeal (see People...
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