The defendant has been convicted of sodomy as a misdemeanor, in violation of section 690 of the Penal Law. His conviction was concurred in by two members (O'BRIEN and GASSMAN, JJ.) of the three-Judge Bench which tried him, with one member (PHIPPS, J.) dissenting. Defendant's sentence of 30 days in the Workhouse was suspended.
The prosecution's case consisted of the testimony...
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