It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and a new trial is granted.
Memorandum:
Defendant appeals from a judgment convicting him, upon a jury verdict, of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [former (4)]). Defendant had contended at trial that he was justified in killing the victim because the victim was the aggressor...
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