It is hereby ordered that the judgment so appealed from is unanimously affirmed and the adjudication is reversed on the law, that part of defendant's motion seeking to dismiss the third count of the indictment is granted and that count of the indictment is dismissed.
Memorandum:
Defendant appeals from a judgment convicting him as a juvenile offender, based upon a jury verdict, of rape in the first degree (Penal Law § 130.35 [1]) and from a youthful offender...
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