Defendant and two codefendants were charged with two counts of murder in the second degree (Penal Law § 125.25 [1], [2]) in an indictment arising out of an incident that occurred on February 21, 1987. The indictment alleged in each count that the three codefendants caused the death of Benito Solar by "punching, kicking, and jumping on [his] head and torso". All three codefendants were tried jointly before a jury at which the People...
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