Ordered that the judgment is reversed, on the law and in the exercise of discretion, and a new trial is ordered.
The defendant was charged, inter alia, with attempted rape in the first degree (Penal Law §§ 110.00, 130.35 [1]) and attempted sexual abuse in the first degree (Penal Law §§ 110.00, 130.65 [1]).
During the charge conference, the Supreme Court informed the parties that it would submit to the jury only the most serious
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