OPINION OF THE COURT
CAROL BERKMAN, J.
Defendant, indicted for murder in the first degree (intentional murder in the course of a robbery), murder in the second degree and robbery in the first degree, has moved for an order dismissing the indictment and compelling the People to re-present to a new grand jury and, in re-presenting, to instruct on manslaughter in the second degree pursuant to Penal Law §...
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