Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
The evidence adduced at the trial disclosed that on November 16, 1976, between approximately 10:30 P.M. and 11:30 P.M., an altercation took place between the defendant and his girl friend, Evelyn Vaughn, with whom he was living in an apartment at 1057 Eastern Parkway, Brooklyn, New York. The apartment was also occupied by Evelyn's mother, her sister, Cynthia...
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