Order reversed, on the law and as a matter of discretion in the interest of justice; motion remanded to Criminal Term for a plenary hearing and a new determination thereon; and the appeal from the judgment is held in abeyance in the interim.
Defendant's conviction of attempted murder arose out of the shooting of one George Cooper in front of a dance hall in Queens County in the early morning hours of December 16, 1973. Cooper testified that when he was in the dance...
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