Judgment unanimously reversed, on the law and facts, and a new trial granted.
Memorandum:
Defendant was convicted, after a jury trial, of three counts of murder in the second degree and two counts of robbery in the first degree which arose from an armed robbery during which a gasoline station attendant, 25-year-old Alan Sturman, was shot to death. The defendant claimed misidentification and called four alibi witnesses who testified that they were with him...
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