The order of the Appellate Division should be modified by remitting to Albany County Court for resentencing, and, as so modified, affirmed.
Defendant was convicted of first degree sodomy arising out of an incident on a university campus which occurred on February 8, 1986, when he was 16 years old. He was sentenced to an indeterminate term of imprisonment for 3 1/3 to 10 years. The sentencing court denied...
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