It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing those parts convicting defendant of murder in the second degree and dismissing counts four and six of the indictment and by vacating the sentences imposed for murder in the first degree and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for resentencing on counts one, two, three and five of the indictment....
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