Judgment modified, on the law and the facts, by striking therefrom the first and second decretal paragraphs thereof and by substituting therefor a decretal provision that the resentence imposed by the County Court on March 1, 1968 is vacated. As so modified, judgment affirmed insofar as appealed from, without costs.
Relator was indicted for rape in the first degree, sexual abuse in the first degree, assault in the second degree, possession of a weapon as a felony...
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