Ordered that the judgment is reversed, on the facts, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.
There is no dispute that on December 16, 1988, at approximately 6:30 A.M., the defendant shot and killed Michael John Gillen, his next-door neighbor in his apartment house. There were no eyewitnesses to the shooting. The defense was one of justification...
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