Judgment unanimously modified on the law and as modified affirmed and new trial granted on count six of indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of rape in the first degree, sodomy in the first degree, robbery in the second degree, kidnapping in the second degree, assault in the second degree and grand larceny in the fourth degree. Defendant contends that County Court erred in denying his motion...
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