1 Decided February 7, 2002. Appeal, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the Third Judicial Department, entered December 14, 2000, which (1) reversed, on the law, a judgment of the Washington County Court (Philip A. Berke, J.), rendered upon a verdict convicting defendant of rape in the first degree, burglary in the second degree, and unlawful imprisonment in the second degree, and (2) remitted the case to Washington