Judgment unanimously reversed on the law and new trial granted.
Memorandum:
Defendant was convicted upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]), two counts of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), two counts of criminal use of a firearm in the first degree (Penal Law § 265.09 [1], [2]) and assault in the second degree (Penal Law § 120.05 [1], [2]). Contrary to defendant...
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