Judgment unanimously reversed on the law, count two of the indictment dismissed and new trial granted on count one of the indictment.
Memorandum:
Defendant and codefendants Willie McKee and Gregory Brown were charged with murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]) in connection with the beating death of Cheryl Coleman. Prior to trial, defendant moved to sever...
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