Stein, J.
Defendant was charged in a four-count indictment with murder in the second degree (two counts) and reckless endangerment in the first degree (two counts) stemming from an incident wherein defendant shot and killed an acquaintance who was standing in close proximity to two other individuals. As part of his omnibus motion, defendant moved to dismiss count one (intentional murder) or count two (depraved indifference murder) of the indictment, contending that...
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