Ordered that the judgment is modified, on the law, by reducing the defendant's conviction of manslaughter in the first degree to a conviction of manslaughter in the second 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 resentencing on the reduced conviction.
The defendant and his accomplice attempted to rob an individual at gunpoint. During the attempted...
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