People v. Castro

— Order, Supreme Court, Bronx County (Ivan Warner, J.), entered on or about March 4, 1988, denying defendant’s motion pursuant to CPL 440.10 to vacate the judgment convicting him of, inter alia, murder in the second degree (two counts), for which he was sentenced to concurrent indeterminate terms of 25 years to life, unanimously reversed, on the law and on the facts, and the motion granted to the extent of remanding the matter for an evidentiary hearing.

Defense counsel’s affirmation in support of the motion to vacate the judgment of conviction (CPL 440.10) asserted that, upon review of the…