Majority
p. 504The People of the State of New York, Respondent, v Alvin Stribling, Appellant.
—Judgment, Supreme Court, Bronx County, rendered December 1, 1975, convicting defendant after jury trial and imposing sentence, unanimously modified, on the law, to reverse the conviction for common-law murder, vacate the sentence thereon and dismiss the second count of the indictment. Except, as so modified, the judgment is affirmed. On the facts of this case, there was a reasonable doubt as a matter of law whether defendant was guilty of common-law murder. Concur—Kupferman, J. P., Birns, Sandler, Markewich and Silverman, JJ.