Order affirmed, without costs or disbursements.
We find no merit in appellant's contention that the finding of guilt on the charge of sodomy in the first degree was repugnant to the acquittal of attempted rape in the first degree. Each of the charges refers to discrete and different sexual acts (attempted forcible sexual intercourse in the attempted rape [see Penal Law, § 130.35, subd 1] and forcible fellatio in the sodomy charge [Penal Law, § 130.50, subd...
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