Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum:
Defendant was convicted of two counts of rape in the first degree: sexual intercourse with a female by forcible compulsion (Penal Law § 130.35 [1]) and sexual intercourse with a female who is incapable of consent by reason of being physically helpless (Penal Law § 130.35 [2]). He was also convicted of one count of burglary in the second degree ...
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