OPINION OF THE COURT Chief Judge Wachtler. Defendant was convicted, after a trial by jury, of two counts of first degree sodomy (Penal Law § 130.50 [1]). The Appellate Division reversed the judgment of conviction and remitted the matter for a new trial on the third degree sodomy counts not reached by the jury, on the ground that the People had. failed to adduce sufficient evidence of forcible compulsion. Specif…
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