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 defendant was indicted for, inter alia, intentional murder and depraved indifference murder for the death of Kelvin Armstead, and assault in the second degree for the severe bludgeoning of Milton Tennessee. At trial, the People...
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