However, appellant's subsequent motion for reargument was granted on September 20, 1965 and the appeal has been reargued. Upon reargument, order of this court dated July 12, 1965 vacated; judgment reversed, on the law, as to the conviction for attempted rape in the first degree; the count for that crime is severed from the indictment; and a new trial is ordered on that count. Judgment affirmed as to the other counts.
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