Ordered that the judgment is modified, on the law, by vacating the conviction of murder in the second degree under count 2 of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant was charged with murder in the first degree (Penal Law § 125.27[1][a][viii]), murder in the second degree (Penal Law § 125.25[1]) (two counts), criminal possession of a weapon...
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