On reargument, judgment reversed, on the law; defendant's additional plea of guilty to sodomy in the first degree vacated; and case remanded to the County Court for resentence of defendant upon his plea of guilty to assault in the second degree with intent to commit sodomy. Defendant was indicted in 1963 for sodomy in the first and second degrees (first two counts) and for assault in the second degree with intent to commit sodomy (third count). He pleaded guilty to the third...
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