Judgment unanimously reversed as a matter of discretion in the interest of justice and new trial granted.
Memorandum:
Defendant and a codefendant Vernon Frank were jointly charged with rape in the first degree (Penal Law § 130.35 [1]; § 20.00), robbery in the second degree (Penal Law § 160.10 [1]; § 20.00) and grand larceny in the fourth degree (Penal Law § 155.30 [5]; § 20.00). The charges arose out of the forcible rape and robbery...
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