It is hereby ordered that the judgment so appealed from is unanimously modified on the law by reversing those parts convicting defendant of rape in the third degree under Penal Law § 130.25 (2) and criminal sexual act in the third degree under Penal Law § 130.40 (2) and dismissing counts one and three of the indictment, and as modified the judgment is affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts...
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