Ordered that the judgment is modified, on the facts, by reducing the defendant's conviction of murder in the second degree under the first count of the indictment to manslaughter in the first degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for sentencing on the conviction of manslaughter in the first degree.
On November 12, 2004, the defendant went to visit...
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