Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reversing the conviction of manslaughter in the second degree and vacating the sentence imposed thereon, and a new trial is ordered on that count of the indictment; as so modified, the judgment is affirmed.
During a struggle between the defendant and the deceased, the defendant stabbed the deceased in the chest with a steak knife. At trial, the defendant testified that...
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