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Full opinion text

Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted. Same Memorandum as in People v Freeman (193 AD2d 1117 [decided herewith]). (Appeal from Judgment of Niagara County Court, Hannigan, J.—Sodomy, 1st Degree.) Present—Callahan, J. P., Green, Lawton, Doerr and Boomer, JJ.