It is hereby ordered that the judgment so appealed from is unanimously modified on the facts by reversing those parts convicting defendant of sexual abuse in the second degree under count three of the indictment and criminal sexual act in the first degree and dismissing counts three and four of the indictment and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for proceedings pursuant to CPL 470.45.
Memorandum: Defendant appeals...
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