Judgment affirmed and case remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5). Defendant was indicted for the crimes of rape in the first degree, sodomy in the first degree and sexual abuse in the first degree; he was tried without a jury. At the close of the trial, the Trial Judge found defendant guilty of the rape and sodomy counts, and dismissed the sexual abuse count as a lesser inclusory offense of the rape count. Concededly...
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