It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]) and criminal sexual act in the first degree (§ 130.50 [3]). Defendant contends that count two of the indictment, charging criminal sexual act, should be dismissed pursuant to Penal Law...
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