Ordered that the judgment is modified, on the facts, by vacating the 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.
Contrary to the defendant's contention, he was not deprived of his right to confront witnesses (see US Const 6th Amend; NY Const, art I, § 6) when a testifying eyewitness invoked his privilege against self-incrimination...
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