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The People of the State of New York v. Thomas Motose
Judgment of conviction affirmed. Sentence for assault, in the second degree, reversed on the law 'and annulled. Sentence for rape, in the first degree, approved and affirmed. (See People v. Murphy, 256 App. Div. 995, and People V. Goggin, 256 App. Div. 995, affd. 281 N. Y. 611.) All concur. (Appeal from a judgment convicting defendant of the crimes of rape, first degree, and assault, second degree.) Present — Taylor, P. J., McCurn, Love, Vaughan and Kimball, JJ.