Appellate Division of the Supreme Court of the State of New York December 30, 1996 (People v. Nelson)

—Judgment unanimously modified on the law and as modified affirmed and new trial granted on count six of indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him after a jury trial of rape in the first degree, sodomy in the first degree, robbery in the second degree, kidnapping in the second degree, assault in the second degree and grand larceny in