Appellate Division of the Supreme Court of the State of New York July 9, 1981 (People v. Cadby)

Judgment unanimously reversed, on the law and facts, and a new trial granted. Same memorandum as in People v Eadie (83 AD2d 773). (Appeal from judgment of Erie Supreme Court, Easier, J. — sodomy, first degree.) Present — Cardamone, J.P., Simons, Hancock, Jr., Callahan and Denman, JJ.