PEOPLE v. WHITE


149 A.D.2d 939 (1989)

The People of the State of New York, Respondent, v. Morris White, Appellant

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

April 14, 1989


Judgment unanimously affirmed.

Memorandum:

Defendant's sole contention on appeal is that his conviction of two counts of sodomy in the third degree is not supported by legally sufficient evidence that defendant was "twenty-one years old or more" (Penal Law § 130.40 [2]) when he engaged in deviate sexual intercourse with his 16-year-old daughter. We disagree. Contrary to defendant's claim, the trial court properly admitted the testimony regarding his age...

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