Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.
Memorandum:
Defendant appeals from a judgment convicting him of assault in the second degree for pistol-whipping the complainant, Jamie Ramos. The incident arose from a racial dispute between defendant, a black man, and a group of Hispanic men who disapproved of defendant's relationship with an Hispanic woman. The incident occurred when, as defendant was...
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