People v. Washington

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (G. Goldstein, J.), rendered February 23, 1988, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed, and the matter is remitted to the Supreme Court, Kings County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

*873The defendant’s conviction for murder in the second degree arises out of the death of Adelino Fragoso Domar on March 5, 1985, which resulted when Domar fell from a…