I think it is in a new. But technically it falls within the warranty I think. Like the warranty states that if the ps3 breaks then it will be replaced. But I could be wrong.
hold on, you said you still have warranty and its freezing, SO WHY DONT YOU JUST PHONE THEM AND SAY ITS BEEN FREEZING! theyll send you a new one free since you still have warranty, no need for braking it...2 of my past ps3's froze when my warranty was finished but they still sent me a new one FREE