Ordered that the judgment is modified, on the law, by vacating the conviction of murder in the second degree and the sentence imposed thereon; as so modified, the judgment is affirmed, and a new trial is ordered on the count of the indictment charging the defendant with murder in the second degree.
In October 2010, the defendant killed the victim on the doorstep of the victim's residence by shooting him once in the head. The defendant later admitted to the police...
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