Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum:
Defendant was convicted of rape in the first degree (Penal Law § 130.35 [1]) and assault in the second degree (Penal Law § 120.05 [6]). The victim was allegedly raped and assaulted in defendant's apartment on West Main Street in Watertown on February 16, 1983. On the
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