The indictment charged, among other crimes, assault in the second degree committed in the course of and in the furtherance of the commission of a felony, to wit, rape. Under subdivision 6 of section 120.05 of the Penal Law, there was excluded from the purview of the category of assaults committed in furtherance of the commission of a felony, assaults committed during the commission of sexual offenses defined in article 130 of the Penal Law. Since rape is a felony defined...
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