People v. Best

Appeals by defendant (1) from a judgment of the Supreme Court, Queens County (Browne, J.), rendered December 20, 1980, convicting him of rape in the first degree and resisting arrest, upon a jury verdict, and imposing sentence; and (2) by permission, from an order of the same court, dated November 15, 1982, which denied his motion to vacate the judgment.

Order affirmed.

*943Judgment modified, on the law, by vacating the sentence imposed on the conviction for rape in the first degree. As so modified, judgment affirmed, and matter remitted to the Supreme Court, Queens County, for resentencing.

In 1977…