Ordered that the judgment is affirmed.
The defendant appeals from a judgment of conviction rendered upon his retrial. At the defendant's first trial, which involved a multiple-count indictment, he was acquitted of one count of robbery in the first degree under Penal Law § 160.15 (4), and two counts of criminal sexual act in the first degree under Penal Law § 130.50 (1), but was convicted of rape in the first degree under Penal Law § 130.35 (1). On a...
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