Judgment reversed, on the law and as a matter of discretion in the interest justice, and new trial granted.
Subdivision 3 of section 125.25 of the Penal Law, under which defendant was convicted, states that a person is guilty of murder when he commits "arson * * * and, in the course of * * * such crime * * * causes the death of a person". The People's case rested heavily on the testimony of one eyewitness who placed defendant at the scene of the crime and testified...
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