It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of assault in the second degree and dismissing count three of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting her upon a jury verdict of, inter alia, murder in the second degree (Penal Law § 125.25 [4] [depraved indifference]), manslaughter in the first...
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