Order reversed and judgment modified, on the law, motion granted, and the conviction of sodomy in the first degree, and the sentence imposed thereon, are reversed and the said count is dismissed, with leave to resubmit the sodomy charge to another Grand Jury. As so modified, judgment affirmed.
In our view the first count of the indictment, which charges the crime of sodomy in the first degree under subdivision 1 of section 130.50 of the Penal Law by simply using the...
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