Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant was convicted following a jury trial of murder in the second degree and conspiracy in the second degree. The murder took place in 1980, and in 1981 defendant entered a plea of guilty to the charges and was sentenced to serve 18 years to life. Defendant was serving his sentence when, in June 1988, his guilty plea was vacated by Federal District Court. Defendant proceeded to...
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