Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and a new trial is ordered.
The defendant is entitled to a new trial because of the serious misconduct committed by the prosecutor ( see People v. Mendez, 22 AD3d 688 [decided herewith]). The interest of justice warrants that the defendant be granted the same relief as his co-defendant, even though the defendant did not raise this issue on appeal ( see People v. Innis, 288 AD2d 236).