Ordered that the judgment is reversed, on the law and in the exercise of discretion, and a new trial is ordered on the counts of the indictment charging murder in the second degree under Penal Law § 125.25 (3) and attempted robbery in the first degree under Penal Law §§ 110.00 and 160.15 (2).
On August 10, 2005, at approximately 5:00 p.m., a man holding a gun entered an illegal gambling club located at 515 Franklin Avenue in Brooklyn and told the occupants...
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