As the People concede, the facts admitted by defendant on the plea allocution do not support a conviction of rape in the first degree, but, instead, of rape in the second degree, in that being 18 years or more, he engaged in sexual intercourse with a female less than 14 years of age (Penal Law, § 130.30). Modification, to which the People consent and indeed, which they urge, is therefore appropriate to conform the conviction to the crime to which defendant pleaded. ...
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