Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant was convicted of second degree murder, on a theory of depraved indifference, for the fatal drive-by shooting of Patrick Lamar in Rochester on September 3, 1987. Lamar was standing with several friends, including Glenwood Anderson, Ronald Williams and Reginald Stamps, when the driver of a small car fired several shots at the group. The prosecutor's theory was that Anderson...
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