Ordered that the judgment is reversed, on the law, and as a matter of discretion in the interest of justice, and a new trial is ordered.
With respect to defendant's exculpatory statement, as related by the two arresting police officers, the court instructed the jury as follows: "Because the defendant did not testify on [sic] trial and is not subject to cross-examination, you must examine such evidence as to the defendant's alleged statement with special care...
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