Judgment unanimously reversed, on the law, and new trial granted.
Memorandum:
After jury trial, defendant was convicted of sodomy in the first degree and attempted sodomy in the first degree and was sentenced to two concurrent indeterminate terms of 5 to 15 years of imprisonment. The evidence shows that at the time of the crimes defendant was 16 years and 4 months old, living with his grandmother, and his victim was a 12-year-old school boy. Defendant did...
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