It is hereby ordered that the case is held, the decision is reserved and the matter is remitted to Steuben County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of rape in the first degree (Penal Law § 130.35[1]), criminal sexual act in the first degree (§ 130.50[1]), and incest in the third degree (§ 255.25). Defendant failed to preserve for our review the contention...
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