Ordered that the judgment is modified, on the law and the facts, by reversing the convictions for sodomy in the first degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment; as so modified, the judgment is affirmed.
The evidence adduced at trial was legally insufficient to establish that the defendant committed the crime of sodomy in the first degree by engaging in "deviate sexual intercourse" (Penal Law §§ 130.00 ...
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