Judgment unanimously reversed on the law and new trial granted, in accordance with the following memorandum: The court erred in refusing defendant's request to charge sexual abuse in the third degree (Penal Law § 130.55) as a lesser included offense of sexual abuse in the first degree (Penal Law § 130.65 [1]). It is impossible to commit sexual abuse in the first degree by forcible compulsion without concomitantly, and by the same conduct, committing sexual abuse...
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