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PEOPLE v. WESTON

161 A.D.2d 1166 (1990)

The People of the State of New York, Respondent, v. Christopher R. Weston, Appellant

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

May 11, 1990

Judgment unanimously affirmed.

Memorandum:

The trial court properly refused to charge sexual abuse in the second degree as a lesser included offense of sodomy in the second degree. Despite the concession by the People to the contrary, sexual abuse is not a lesser included offense of sodomy (see, Matter of Matthew P., 161 A.D.2d 1195 [decided herewith]). Moreover, here, the victim testified that defendant had...

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