Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed and new trial granted on counts 1 through 5, 11 and 12 of indictment in accordance with the following Memorandum: Defendant appeals from a judgment convicting him following a jury trial of three counts of sodomy in the first degree, five counts of sexual abuse in the first degree and two counts of endangering the welfare of a child. Defendant contends that County Court...
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