Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Suffolk County, for a new trial.
On May 12, 2007, the defendant and four other individuals were arrested and charged with, inter alia, murder in the second degree (Penal Law § 125.25 [3]) (felony murder), burglary in the first degree (Penal Law § 140.30 [1]), and criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), for their...
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