Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant was convicted, following a jury trial, of murder in the second degree (Penal Law § 125.25 [1]) for the execution-style killing of Patrick Vitarelli. The jury heard testimony from two witnesses, Frank Vicaretti and James Ryan, both of whom stated that they were present at the site of the murder outside a rural farmhouse in Canaseraga. Vicaretti and Ryan testified that...
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