Judgment insofar as it convicts defendant of rape, first degree, unanimously reversed and plea vacated, and matter remitted to Ontario County Court for further proceedings on that charge, and otherwise judgment affirmed.
Memorandum:
Defendant was charged with one count of rape in the first degree, two counts of sodomy in the first degree and two counts of sexual abuse in the first degree. Defendant's counsel in open court in the defendant's presence asked...
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