People v. Gilmore

*1163Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered January 9, 2004. The judgment convicted defendant, upon a jury verdict, of murder in the second degree (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is reversed on the law, a new trial is granted on count three of the indictment and count two of the indictment is dismissed without prejudice to the People to represent any appropriate charges under that count of the indictment to another grand jury.

Memorandum: Defendant appeals from a judgment convicting him upon a…