Ordered that the judgment is reversed, on the law, and a new trial is ordered.
The indictment, as amplified by the bill of particulars, charges that the defendant committed the crime of rape in the first degree (Penal Law § 130.35 [2] ["incapable of consent by reason of being physically helpless"]) in that he engaged in sexual intercourse with the complainant after rendering her unconscious by hitting her in the face and causing her to strike her head on the...
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