Ordered that the judgment is modified, on the law, by vacating the sentence imposed; as so modified, the judgment is affirmed, and the case is remitted to the Supreme Court, Kings County, for a hearing and determination pursuant to CPL 400.15 (5) and for resentencing.
We reject the defendant's contention that he was prejudiced by the victim's initial reluctance to testify and subsequent assertion of his Fifth Amendment privilege against self-incrimination. There is...
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