Judgment modified, on the law, by reversing the conviction of attempted sexual abuse in the first degree, the sentence imposed thereon is vacated, and that count of the indictment is dismissed. As so modified, judgment affirmed.
Section 130.35 of the Penal Law reads in relevant part: "A male is guilty of rape in the first degree when he engages in sexual intercourse with a female: 1. By forcible compulsion". Section 130.65 of the Penal Law reads in relevant part:...
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