Opinion
February 13, 1990
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.
The facts of this case were previously set forth by this court on the codefendant's appeal (see, People v Ray, 140 A.D.2d 380). Inasmuch as the defendant raises claims identical to those raised by the codefendant on his appeal, which claims required reversal in that case (see, People v Ray, supra), we conclude, as the People concede, that the defendant's judgment of conviction must be reversed.
In view of our determination, we need not reach the defendant's remaining contention. Brown, J.P., Rubin, Kooper and Harwood, JJ., concur.