People v. Smith

—Judgment reversed on the law, motion granted and new trial granted. Memoran*909dum: Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25 [1]), attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) and criminal possession of a weapon in the second degree (Penal Law former § 265.03). Defendant testified at trial that he was at a party on the night the crimes were committed, but that he left the party with a male friend before the crimes were committed there. Defendant testified that they were picked up by a female…