Mate in 3
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No, the point is that it's not a mate in 3; it's at best mate in 4 due to Black being able to deliver a nuisance check. Think a mate in 3 as "play for mate, but it has been 47 moves since last capture so if White doesn't mate Black fast enough (in 3 moves) he can claim a draw". (This doesn't apply if there's a capture, but you get the idea; Black only needs to survive for 3 moves in mate in 3 to "win", even if he's mated in 4.)