Ordered that the judgment is modified, on the facts, by vacating the defendant's conviction of attempted murder in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
On January 16, 2008, the defendant and two others entered the home of the complainant, bound and blindfolded him and his friend, and held them captive at gunpoint, demanding money and marijuana. When the complainant...
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