Judgment modified, on the law, by reducing the conviction of sodomy in the first degree under Count No. 3 of the indictment to a conviction of sexual abuse in the first degree, and by vacating the sentence imposed upon that conviction. As so modified, judgment affirmed and case remitted to Criminal Term for resentencing as to the conviction of sexual abuse in the first degree.
The facts have been considered and are determined to have been established. One of the elements...
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