Judgment, Supreme Court, Bronx County (Dominic Massaro, J.), rendered October 20, 1994, convicting defendant, after a nonjury trial, of two counts of rape in the first degree, two counts of sexual abuse in the first degree, two counts of assault in the third degree, and menacing in the second degree, and sentencing him to concurrent terms of 5 to 15 years for each rape conviction, IV2 to A1/2 years for each sexual abuse conviction and one year for each of the remaining convictions, unanimously reversed, on the law and in the interest of justice, and the matter is remanded for a new trial.
At trial, defendant conceded the sexual encounters, but, testifying in his own behalf, argued that they had been
Accordingly, we reverse and remand the matter for a new trial. Concur — Ellerin, J. P., Nardelli, Wallach, Rubin and Tom, JJ.
