New York Court of Appeals July 1, 1970 (People v. Gunner)

Memorandum. The judgment of the Appellate Division should be modified pursuant to subdivision 2 of section 543 of the Code of Criminal Procedure by reducing the degree of crime for which defendant is convicted on the common-law count of the indictment from murder, first degree, to murder, second degree, and, as so modified, judgment affirmed and defendant remanded to the County Court for