Judgment reversed, on the law, defendant's guilty plea vacated and new trial ordered.
At the time of this offense, defendant was an inmate of the Fishkill Correctional Facility. According to defendant, he and several other inmates went to his room where they drank and engaged in consensual sodomy. The theory of the People's case was that during the course of this gathering defendant turned his attentions to one George Fischer, who spurned his sexual advances and who...
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