Ordered that the judgment is modified, on the law, by vacating the conviction for murder in the second degree and the sentence imposed thereon; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the charge of murder in the second degree.
The defendant's defense was that he shot the murder victim in self-defense. According to the defendant's account of the shooting, as related in his out-of-court...
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