Judgment unanimously affirmed.
Memorandum:
Defendant appeals from his conviction for rape and sexual abuse in the first degree upon the grounds that (1) the trial court abused its discretion in permitting the victim to give sworn testimony; and (2) the court erred in instructing the jury that, in considering whether penetration occurred (see, Penal Law § 130.00 [1]), the term "vaginal opening" included "external genitalia".
Although the...
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