Defendant was indicted for the crimes of rape in the first degree, in violation of Penal Law § 130.35 (3), and sexual abuse in the first degree, in violation of Penal Law § 130.65 (3). Following the close of proof, County Court dismissed the second count of the indictment. The jury found defendant guilty of the crime of rape in the first degree as charged, and he was sentenced as a second felony offender to an indeterminate term of...
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