Judgment unanimously reversed, on the law, and indictment dismissed.
Memorandum:
Defendant was convicted of sexual abuse in the second degree (Penal Law § 130.60 [1]) after a nonjury trial on a charge of rape in the first degree predicated upon forcible compulsion (Penal Law § 130.35 [1]). The court correctly found that the evidence of forcible compulsion was insufficient, but concluded that there was adequate proof that defendant engaged in sexual...
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