Ordered that the judgment is modified, on the law, by vacating the conviction of rape in the first degree and the sentence imposed thereon; as so modified, the judgment is affirmed, and a new trial is ordered on count one of the indictment charging rape in the first degree.
Following a pretrial hearing, the Supreme Court denied the defendant's motion to suppress statements he had made to the police. While the prosecution did not use the defendant's statements on its...
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