Ordered that the judgment is reversed, on the law, and the third count of the indictment charging rape in the first degree is dismissed, with leave to the People, should they be so advised, to resubmit any appropriate charges arising out of the conduct underlying that count to another Grand Jury.
The indictment in this case charged the defendant with, among other things, three counts of rape in the first degree. At the trial, however, the complainant described four...
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