Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's convictions arise out of a February 1991 incident in which he engaged in sexual acts with the complainant, a mentally-retarded female, then 19 years old. The defendant was convicted primarily on the basis of the complainant's testimony. Viewing the evidence in the light most favorable to the prosecution...
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