Judgments reversed, on the law, and new trial ordered.
The facts upon which the judgments are based have been considered and are determined to have been established. The record reveals that in the early morning of November 5, 1978, Police Officer Frank Fitzgerald was driving on Second Avenue in Brooklyn when he observed a group of three men standing over a person who was lying on the ground. He testified at the trial that as he approached the men he observed that...
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