Carpinello, J.
On July 18, 1996, defendant (born in 1966) was accused of engaging in an act of deviate sexual intercourse with the 13-year-old victim. Following trial, he was found guilty of the crime of sodomy in the second degree and sentenced as a second felony offender to a prison term of 3½ to 7 years. Defendant contends on this appeal that County Court erred by failing to include in the jury charge the lesser included offense of sodomy in the third degree...
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