People v. Ferrer

Order, Supreme Court, Bronx County (J. Cohen, J.), dated February 22, 1983, denying the defendant’s motion pursuant to CPL 440.10 for a new trial, is unanimously reversed, on the law, the facts, and in the exercise of discretion, and the motion for a new trial is granted. The defendant was convicted in 1974 of murder and possession of a weapon and sentenced to 15 years to life. His codefendants were convicted of manslaughter in the first degree and received indeterminate terms of imprisonment of up to seven years (Bloustein, J.). His codefendants were his mother and his aunt, *460and they were…