
    The People of the State of New York, Respondent, v Robert Kendricks, Jr., Appellant.
   — Judgment unanimously reversed on the law and new trial granted (see, People v Jackson, 124 AD2d 975, Iv denied 69 NY2d 746). (Appeal from judgment of Supreme Court, Monroe County, Bergin, J. — rape, first degree, and sodomy, first degree.) Present — Doerr, J. P., Denman, Boomer, Lawton and Davis, JJ.  