It is hereby ordered that the judgment so appealed from is unanimously reversed on the law and the indictment is dismissed with leave to the People to re-present the charge to another grand jury.
Memorandum: Defendant appeals from a judgment convicting him following a jury trial of rape in the third degree (Penal Law § 130.25[3]). Although we addressed the merits of most of defendant's contentions on a prior appeal, we held the case, reserved decision and remitted...
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