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PEOPLE v. REED

144 A.D.2d 932 (1988)

The People of the State of New York, Respondent, v. Thomas Reed, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 15, 1988

Judgment affirmed.

Doerr, J. P., and Davis, J. (dissenting).

We dissent and would reverse the convictions for attempted sodomy. Although penetration of the anus by the penis is not a necessary element of first degree sodomy (People v Griffin, 96 A.D.2d 720; People v Griffith, 80 A.D.2d 590), to sustain a conviction for attempted sodomy the prosecution must prove that defendant...

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