Judgment modified, on the law and the facts, by reversing the conviction of sexual misconduct and the sentence thereon, and the said count is dismissed. As so modified, judgment affirmed.
The case is remitted to the Supreme Court, Kings County, for proceedings to direct appellant to surrender himself to said court in order that execution of the judgment be commenced or resumed (CPL 460.50 subd 5). Defendant was indicted on charges of rape in the first degree, sexual...
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