Defendant was convicted after a jury trial of rape in the first degree under the first count of an indictment, and of assault in the second degree under the second count of the same indictment. He was thereafter sentenced as a second offender to a term of not less than 10 years nor more than 20 years on the rape count, and not less than 5 years nor more than 10 years on the assault count, the sentences to run concurrently. Upon appeal to this court (People v. De Groat...
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