Ordered that the judgment is modified, on the law, by vacating the conviction of criminally negligent homicide and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant and his girlfriend, Elzbieta Bieda, shared an apartment in Queens for approximately 2½ years. On June 14, 2003, sometime in the late afternoon, the defendant and his friend, the decedent Walter Stelmach, got into an altercation...
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