Ordered that the judgment is modified, on the law, by reducing the conviction of sexual abuse in the first degree to sexual abuse in the third degree, and vacating the sentence imposed thereon; as so modified, the judgment is affirmed, and the case is remitted to the Supreme Court, Queens County, for sentencing on that count; the facts have been considered and are determined to have been established.
Viewing the evidence adduced at the trial in a light most favorable...
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