Defendant's sole contention for reversal on appeal is that County Court's instructions to the jury regarding the crimes of rape, sodomy and sexual abuse changed the theory of prosecution from that set out in the indictment and constituted reversible error. We agree.
A necessary element of each of the aforementioned sex offense crimes, as charged, was defendant's use of forcible compulsion (Penal Law § 130.00 [8]; § 130.35...
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