Judgment unanimously reversed, on the law, and new trial granted on third count of indictment; indictment otherwise dismissed without prejudice to the People to re-present a charge of criminal trespass in the second degree to another Grand Jury.
Memorandum:
The indictment charged defendant with rape in the first degree (Penal Law § 130.35 [1]), anal sodomy in the first degree (Penal Law § 130.50 [1]), oral sodomy in the first degree (Penal Law &...
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