Ordered that the judgment is modified, on the law, by vacating the conviction of conspiracy 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 was convicted of, among other crimes, conspiracy in the second degree. To convict him of that crime in this case, the jury had to find that the People proved beyond a reasonable doubt, inter alia, that the defendant...
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