Majority
p. 972The People of the State of New York, Respondent, v Clarence Martin, Appellant.
Judgment unanimously affirmed. Memorandum: The evidence corroborating the unsworn testimony of the infant victim (see, CPL 60.20 [3]) was sufficient to sustain defendant’s conviction of sodomy in the first degree (see, People v McGuire, 152 AD2d 945 , lv denied 74 NY2d 849 ; People v Kulakowski, 135 AD2d 1119 , lv denied 70 NY2d 1007 ). We also conclude that the verdict was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). (Appeal from judgment of Oswego County Court, Auser, J.—sodomy, first degree.) Present—Dillon, P. J., Callahan, Boomer, Green and Lawton, JJ.
Cases cited
- People v. McGuire 152 AD2d 945 p. 972
- People v. Kulakowski 135 AD2d 1119 p. 972
- People v. Bleakley 69 NY2d 490 at 495 p. 972