It is hereby ordered that the judgment so appealed from is unanimously modified as a matter of discretion in the interest of justice and on the law by reversing that part convicting defendant of sexual abuse in the first degree and dismissing the second count of the indictment, and as modified the judgment is affirmed.
Memorandum: On appeal from a judgment convicting him after a nonjury trial of, inter alia, sexual abuse in the first degree (Penal Law § 130.65...
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