Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.
The defendant was charged, inter alia, with three counts of murder in the second degree (see Penal Law § 125.25 [1], [2], [3]), arising out of the shooting of Jake Powell in his basement apartment. There was no eyewitness to the shooting itself, and the People's case against the defendant rested on testimony that Powell...
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