It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing those parts convicting defendant of murder in the second degree under counts three and four of the indictment and dismissing those counts and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a nonjury verdict of, inter alia, two counts of murder in the first degree (Penal Law § 125.27 [1] [a] [viii...
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