People v. Mitchell

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Joy, J.), rendered September 10, 1990, convicting him of rape in the first degree (four counts), sodomy in the first degree (two counts), sexual abuse in the first degree, assault in the second degree, kidnapping in the second degree, and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and as a matter of discretion in the interest of justice, count 6 of the indictment, charging the defendant with rape in the first degree…