Opinion
(1122) KA 00-01811.
September 28, 2001.
(Appeal from Judgment of Onondaga County Court, Fahey, J. — Sodomy, 3rd Degree.)
PRESENT: GREEN, J.P., HURLBUTT, SCUDDER, KEHOE AND GORSKI, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum:
Defendant was convicted following a jury trial of sodomy in the third degree (Penal Law § 130.40), sexual abuse in the third degree (Penal Law § 130.55) and endangering the welfare of a child (Penal Law § 260.10). We reject defendant's contention that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). We reject the further contention of defendant that County Court erred in determining that he was a persistent violent felony offender ( see, Penal Law § 70.08). We conclude, however, that the one-year term of imprisonment imposed on the conviction of sexual abuse in the third degree, a class B misdemeanor, is illegal ( see, Penal Law § 70.15). We therefore modify the judgment by reducing the sentence imposed on that count to a term of imprisonment of 3 months.