CORDY, J.
After his conviction in 2005 of murder in the first degree and carrying a firearm without a license, and while his appeal to this court was pending, the defendant filed a motion for a new trial and a motion for postconviction discovery relating to evidence not disclosed by the Commonwealth. We remanded the motions to the Superior Court. After separate hearings on the motions, the trial judge granted the defendant's motion for a new
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