Order unanimously reversed, motion denied and matter remitted to Supreme Court, Erie County, for further proceedings on the indictment.
Memorandum:
The People appeal from an order dismissing the first count of the indictment charging the defendant with forcible rape of his wife. At the time of the alleged rape the defendant and his wife were living apart after a "Temporary Order of Protection" had been granted by Family Court requiring the defendant to move...
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