Judgment modified, on the law, by reversing defendant's conviction of one of two separate but identical counts of sodomy in the first degree, i.e., count No. 4, vacating the sentence imposed thereon, and dismissing said count of the indictment. As so modified, judgment affirmed.
During the early morning hours of September 21, 1980, the complainant was raped and sodomized in the bedroom of her home by an intruder whom she recognized to be defendant. Defendant was subsequently...
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