Ordered that the judgment is affirmed.
The defendant was charged with rape in the first degree (Penal Law § 130.35 [1]), rape in the third degree (Penal Law § 130.25 [3]), and two counts of sexual abuse in the first degree (Penal Law § 130.65 [1]).
During the charge conference, defense counsel requested that the Supreme Court not submit the rape in the third degree count for the jury's consideration. The court denied the request. The defendant...
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