Majority
p. 823The People of the State of New York, Respondent, v Eugene Combs, Appellant.
Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered August 18, 1976, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered (see People v Byrdsong, 58 AD2d 877 , which involved the appeal of the appellant’s codefendant). Shapiro, J. P., Cohalan, Hargett and O’Connor, JJ., concur.