Cardona, P. J.
Defendant was indicted on two counts of rape in the third degree, in violation of Penal Law § 130.25 (2), based on two separate instances of alleged sexual intercourse with a female victim immediately before and after her sixteenth birthday. As pertinent to this case, the crime of rape in the third degree is perpetrated when a defendant, "[b]eing twenty-one years old or more * * * engages in sexual intercourse with another person to whom the...
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