Peters, J.P.
In June 2006, defendant's housemate discovered a videotape in defendant's room which depicted defendant performing oral sex on the victim, who appeared to be asleep or unconscious. The housemate then contacted the police and, following an investigation into the matter, defendant was indicted for, among other things, three counts of sodomy in the first degree, four counts of sexual abuse in the first degree and one count of attempted criminal sexual act...
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