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PEOPLE v. GUTKAISS

305 A.D.2d 734 (2003)

759 N.Y.S.2d 246

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL J. GUTKAISS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 8, 2003.

Carpinello, J.

On this reinstated appeal (280 A.D.2d 875 [2001]), we are compelled to agree with defendant's contention that the trial evidence was insufficient to support his conviction under count 17 only of a multicount indictment. This particular count, charging defendant with sodomy in the first degree, stems from allegations that he placed his penis into his then 6-year-old nephew's anus while the two were in a family trailer...

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