It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously reversed as a matter of discretion in the interest of justice and on the law and the matter is remitted to Niagara County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him of, inter alia, rape in the first degree (Penal Law § 130.35 [1]). We agree with defendant that he is entitled to a Wade hearing...
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