Opinion
Decided July 6, 2005.
On appeal from the order of the Appellate Division affirming the judgment of conviction and sentence, order reversed and a new trial ordered, to be preceded by an independent source hearing; appeal from the order of the Appellate Division affirming the denial of defendant's CPL 440.10 motion dismissed as academic, in a memorandum.
Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith concur.