As the People, with commendable candor, note in their brief, the assault conviction was based upon physical injury to the complainant Linehan during the course of the rape. Thus, the two crimes were part of an act in which one offense was a material element of the other. In such circumstances, the sentences must run concurrently. (Penal Law, § 70.25, subd 2.) We have examined defendant's contentions and find that they are...
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