Judgment unanimously reversed as a matter of discretion in the interest of justice and indictment dismissed without prejudice to the People to re-present any appropriate charge to another Grand Jury. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), was sufficient to support the conviction and the verdict was not contrary to the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).
However, the trial court's instructions to the jury on reasonable doubt effectively reduced the People's burden of proof and thereby deprived defendant of a fair trial (see, People v Freeman, 193 A.D.2d 1117 [decided herewith]; People v Payne, 192 A.D.2d 1117; People v Frank, 186 A.D.2d 977). Therefore, we reverse the judgment of conviction as a matter of discretion in the interest of justice (see, CPL 470.15; People v Freeman, supra; People v Payne, supra; People v Frank, supra). Inasmuch as defendant was convicted of the lesser included offense of manslaughter in the first degree, the indictment must be dismissed without prejudice to the People to re-present any appropriate charge to another Grand Jury (see, People v Gonzalez, 61 N.Y.2d 633, 635).
In view of our determination, we do not address defendant's remaining contentions.