Defendant was indicted for the crimes of sodomy in the first degree, assault in the second degree (in two counts, one with intent to commit sodomy and the other with intent to commit rape) and impairing the morals of a minor, in violation of section 483 of the Penal Law. Although the testimony with respect to the commission of the crimes charged was to the effect that the crimes of sodomy and rape had been committed, the jury did not convict defendant of the crime of sodomy...
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