Motion to amend remittitur granted, return of remittitur requested and when returned it will be amended to read as follows: Order reversed, conviction vacated, first count of Suffolk County indictment No. 2678-79 charging defendant with intentional murder dismissed (see, People v Nieves, 67 NY2d 125, 136; People v Mayo, 48 NY2d 245, 253), and a new trial ordered on the second count of the indictment charging depraved mind murder. [See, 70 NY2d 9.] Judge Kaye taking no part.