Order unanimously reversed and proceeding remitted to Cayuga County, Special Term, Supreme Court for further proceedings in accordance with memorandum.
Memorandum:
Upon the concession of the Attorney-General that a hearing is necessary and proper to determine whether or not the seventh count of the indictment charging assault, second degree, was merged in the first count of the indictment charging rape, first degree, so as to prevent the imposition of consecutive...
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