A Queens man convicted of murder in an alleged feud between hip-hop groups has won a new trial on appeal because his trial counsel failed to investigate his client's alibi and potential alibi witnesses.

The Appellate Division, Second Department, on Monday unanimously reversed the conviction of Corey Bussey for second-degree murder and criminal possession of a weapon.

Mr. Bussey, 27, is serving a 15-year-to-life sentence at the Eastern Correctional Facility in Ulster County for the March 31, 1999, murder of Roderick Padgett.

Mr. Padgett was reportedly slain in retaliation for the shooting three days earlier of Raymond Rogers, who was known professionally as Freaky Tah of the Lost Boyz. Law enforcement officials had said Freaky Tah's slaying was part of a feud between two hip-hop groups, the Lost Boyz and Hell Razor Pham. In fact Mr. Padgett had nothing to do with the shooting of Freaky Tah; another man was convicted of that murder.

After he was convicted by a Queens jury, Mr. Bussey hired new attorneys and moved for a new trial based on ineffective assistance of his trial attorney, Allen Brenner.

NYLawyer