Judgment unanimously modified on the law and as modified affirmed in accordance with the same Memorandum as in People v Flagg (237 AD2d 955 [decided herewith]). (Appeal from Judgment of Oneida County Court, Buckley, J.—Murder, 2nd Degree.) Present—Green, J. P., Lawton, Doerr, Balio and Fallon, JJ.
The People of the State of New York, Respondent, v. Christopher Staley, Appellant
237 A.D.2d 956656 N.Y.S.2d 983
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