Judgment unanimously affirmed.
Memorandum:
Defendant was charged with two counts of rape in the first degree (Penal Law § 130.35 [1]) and two counts of sodomy in the first degree (Penal Law § 130.50 [1]). He was found guilty, following a bench trial, of two counts of attempted rape in the first degree and two counts of attempted sodomy in the first degree. He contends that County Court erred in admitting a videotape and in considering the lesser...
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