It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified on the law by vacating the sentence imposed on count three of the indictment and as modified the judgment is affirmed and the matter is remitted to Herkimer County Court for resentencing on count three of the indictment.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of two counts of sodomy in the first degree (Penal Law...
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