Ordered that the judgment is modified, on the law and as a matter of discretion in the interest of justice, by reversing the defendant's conviction for rape in the first degree under the first count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment, with leave to the People, should they be so advised, to resubmit any appropriate charges arising out of the conduct underlying that count of the indictment to another Grand Jury...
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