Ordered that the order is reversed, on the law and the facts, the defendant's motion to vacate the judgment is granted, the judgment is vacated, and the matter is remitted to the Supreme Court, Kings County, for a new trial.
On October 12, 2003, at approximately 6:40 a.m., Mark Fisher was murdered a few blocks from the defendant's home. Fisher, along with several other individuals, including the defendant and the codefendant, Antonio Russo, had been at the defendant...
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