It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by reversing that part convicting defendant of sodomy in the third degree under count four of the indictment, vacating the sentence imposed thereon and dismissing that count of the indictment and as modified the judgment is affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of one count of rape in the third...
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