Ordered that the matter is remitted to the County Court, Westchester County, to hear and report in accordance herewith, and the appeal is held in abeyance in the interim. The County Court, Westchester County, is to file its report with all convenient speed.
The trial court submitted four counts for the jury's consideration: count one: rape in the first degree; count two: sodomy in the first degree, or, as a lesser included offense, attempted sodomy in the first degree...
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