A judge yesterday ordered the release of a Brooklyn man charged in a fatal shooting in Coney Island last week.
Prosecutors did not move to indict Joseph Brown, 29, who was charged with murder in a shooting that left one man dead and another critically injured.
“This is highly irregular for the people to consent to a defendant’s release,” said Brooklyn Supreme Court Justice Frederick Arriaga, before ordering that Brown be let out.
Brown had said he couldn’t have done the shooting because he was playing the “Call of Duty” video game with friends at that time — a claim the friends backed up in The Post last week.