Judgment unanimously affirmed.
Memorandum:
Supreme Court properly denied that part of defendant's motion made at the close of the proof to dismiss the eighth count of the indictment, charging defendant with attempted murder in the first degree, on the ground that he was not "more than eighteen years old at the time of the commission of the crime" (Penal Law § 125.27 [1] [b]). Defendant had reached his 18th birthday and was thus "more than eighteen years...
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