Ordered that the order is modified, on the law, by deleting the provision thereof which granted that branch of the motion which was to set aside the jury verdict finding the defendant guilty of attempted rape in the first degree and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, and the matter is remitted to the Supreme Court, Kings County, for sentencing.
In deciding the defendant's motion to set aside...
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