Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant's defense at the trial focused on justification (Penal Law, § 35.15). Even the witnesses for the prosecution tended to support such a claim. For instance, the victim's sister testified that her brother and defendant were friends, that she and defendant were out together on the night of the crime and that defendant dropped her off at her parents' apartment...
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