
    The People of the State of New York, Respondent, v James M. Garland, Appellant.
   Appeal by defendant from a judgment of the County Court, Westchester County, rendered July 16, 1975, convicting him of rape in the first degree, assault in the second and third degrees and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. Our ruling is constrained by the holding in People v Brown (40 NY2d 381). Martuscello, J. P., Margett, Suozzi and O’Connor, JJ., concur.  