Judgment unanimously modified on the facts and as modified affirmed in accordance with the following Memorandum: Defendant was convicted after a bench trial of endangering the welfare of a child (Penal Law § 260.10 [1]) and 28 counts of sodomy in the first degree (Penal Law § 130.50 [3]), arising out of events allegedly occurring each day from December 5, 1994 through December 11, 1994. The evidence, viewed in the light most favorable to the People (see,...
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