Ordered that the order is affirmed, with costs.
By judgment of the Supreme Court, Queens County (Balbach, J.), rendered September 21, 1979, the claimant Keith McFadden was convicted of robbery in the second degree and assault in the second degree, upon a jury verdict. On March 5, 1984, this court ordered that the judgment be reversed, on the law and as a matter of discretion in the interest of justice, and directed that a new trial be held (People v McFadden
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