Spain, J.
Defendant was convicted, following a jury trial, of first degree sodomy for his conduct on the evening of June 19, 1997, at age 23, in subjecting a three-year-old child to deviate sexual intercourse, which occurred while he and the child were at a highway service area sitting in a vehicle waiting for the child's mother—defendant's next door neighbor—to return (see Penal Law § 130.00 [2]; § 130.50 [3]). At trial, an eyewitness...
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