Judgment reversed as a matter of discretion in the interest of justice and a new trial granted.
Memorandum:
Defendant was convicted after a jury trial of rape in the first degree (Penal Law, § 130.35, subd 1). In submitting the case to the jury the court charged that "Under the present law there is no requirement that proof be adduced to the consummation of the alleged offense. You merely need be satisfied that there is proof beyond a reasonable doubt...
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