Order reversed, on the law, motion denied, verdict reinstated and matter remitted to Criminal Term for sentencing on the charge of burglary in the first degree.
At trial, the complaining witness testified that defendant forced his way into her apartment with a gun. Once inside, he proceeded to rape and rob her. Defendant testified that he had no gun. He admitted to having sexual intercourse with the complainant, but stated that it was consensual. He then testified...
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