It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
On appeal from a judgment convicting him of sodomy in the first degree (Penal Law former § 130.50 [1]) and assault in the second degree (§ 120.05 [6]), defendant contends that County Court erred in denying his motion to dismiss the indictment at the close of the People's case (see CPL 290.10 [1]). Defendant presented evidence...
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