Judgment unanimously modified on the law and as modified affirmed and matter remitted to Erie County Court for resentencing in accordance with the following Memorandum: We reject defendant's contention that the trial court erred in failing to consider whether the victim was an accomplice to the crime of incest (see, Penal Law § 255.25) and whether her testimony was supported by corroborative evidence (see, CPL 60.22; cf., People v Facey, ...
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