It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing that part convicting defendant of murder in the second degree and dismissing count two of the indictment and as modified the judgment is affirmed.
Memorandum: On appeal from a judgment convicting him, following a jury trial, of murder in the first degree (Penal Law § 125.27 [1] [a] [vii]; [b]), murder in the second degree (§ 125.25 [3]) and robbery in...
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