In the light of the authority which was not available to the defendant or to the court at the time of defendant’s trial or at the time of his prior appeal (13 A D 2d 967), the District Attorney concedes, and we agree, that error was committed in the admission of evidence, and that such error requires a new trial in the interests of justice. Nolan, P. J., Ughetta, Christ, Pette and Brennan, JJ., concur.