Opinion
KA 01-00349
November 15, 2002.
Appeal from a judgment of Niagara County Court (Broderick, Sr., J.), entered May 1, 2000, convicting defendant after a jury trial of, inter alia, sodomy in the first degree (two counts).
JOSEPH F. TOWNSEND, PUBLIC DEFENDER, LOCKPORT (EDWARD A. ZEBULSKE, III, OF COUNSEL), FOR DEFENDANT-APPELLANT.
MATTHEW J. MURPHY, III, DISTRICT ATTORNEY, LOCKPORT (THOMAS H. BRANDT OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: GREEN, J.P., HAYES, HURLBUTT, BURNS, AND GORSKI, JJ.
ORDER
It is hereby ORDERED that the judgment be and the same hereby is unanimously modified on the law by reducing the sentence for each count of sodomy in the first degree to a term of imprisonment of 3a to 10 years ( see Penal Law § 70.02 [former (3)(a)], [former (4)]) and for each count of sexual abuse in the first degree to a term of imprisonment of 2a to 7 years ( see § 70.00 [2] [d], [3] [former (b)]; § 70.02 [2] [former (b)]) and as modified the judgment is affirmed.