Ordered that the judgment is modified, on the law, by vacating the conviction of manslaughter in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support the convictions of depraved indifference murder and depraved indifference assault because evidence that he was intoxicated on crack cocaine negated...
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