Judgment modified, on the law, by reversing the conviction of sodomy in the first degree and the sentence imposed thereon, with leave to the People to resubmit the sodomy charge to another Grand Jury. As so modified, judgment affirmed.
The count of the indictment charging defendant with sodomy in the first degree states: "The defendant, in the City of Mount Vernon, County of Westchester and State of New York, on or about January 6, 1975, engaged in deviate sexual...
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