Order unanimously reversed and matter remitted to Onondaga County Court for a hearing.
Memorandum:
In 1960 a four-count indictment was returned charging appellant with two counts of rape, first degree, and two counts of assault, second degree. The third of these counts alleged that the assault had been committed with intent to commit rape while the fourth count charged assault with a weapon likely to produce grievous bodily harm. The third count, of course...
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