Order unanimously reversed on the law, motion denied, count one of indictment reinstated and matter remitted to Supreme Court for further proceedings on indictment.
Memorandum:
We agree with the People that Supreme Court erred in granting defendant's motion to reduce count one of the indictment from sodomy in the first degree (Penal Law § 130.50 [3]) to attempted sodomy in the first degree. Contrary to the court's conclusion, penis to anus penetration...
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