Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of sodomy in the first degree (Penal Law § 130.50), use of a child in a sexual performance (Penal Law § 263.05), promoting a sexual performance by a child (Penal Law § 263.15) and rape in the second degree (Penal Law § 130.30) is not supported by legally sufficient evidence. Because defense counsel made only...
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