DUFFLY, J.
The defendant was convicted by a jury of one count of aggravated rape, G. L. c. 265, § 22(a), and one count of kidnapping, G. L. c. 265, § 26. The Commonwealth concedes on appeal that on the facts of this case, the kidnapping charge was a lesser included offense of aggravated rape and that the conviction of the defendant on both charges was duplicative. See Commonwealth v. Petrillo,
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