Judgment unanimously reversed on the law and facts and a new trial granted, for the reasons stated in People v. Burney (20 A D 2d 617) in which ease defendant was a codefendant at the time of the trial of defendant English. (Appeal from judgment of Onondaga County Court convicting defendant of violation of subdivision 5 of section 690 of the Penal Law [sodomy-felony].) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecchio, JJ.