123.Court of Appeals of the State of New York.
November 25, 2003.
Chief Judge Kaye and Judge Ciparick concur.
Opinion by Judge Rosenblatt.
Judgment modified by reducing defendant’s conviction of two counts of murder in the first degree to one count of murder in the second degree and remitting to County Court, Onondaga County, for resentencing on the second degree murder count as well as the remaining counts and, as so modified, affirmed.
Judge Smith concurs in result in an opinion in which Judge Ciparick concurs in so much thereof as addresses deadlock jury instructions.
Judge Graffeo concurs in part and dissents in part in an opinion in which Judge Read concurs.
Judge Read concurs in part and dissents in part in an opinion in which Judge Graffeo concurs.