People v. Howard

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (De Lury, J.), rendered July 11, 1990, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

*917Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, the plea is vacated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings consistent herewith.

The defendant pleaded guilty to intentional murder in connection with the shooting death of Dennis Braithwaite. Under the acting in concert theory…