I concur in the result,, but in any event I would additionally hold the totality of error requires a new trial in the interest of1 justice. I do not agree that the reversal should be based solely on the law. (See People v. Bach, 27 N Y 2d 800; People v. Woodruff, 27 N Y 2d 801; People ,v. Williams, 31 N Y 2d 151.)