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People v. Martin

168 A.D.2d 972 Court N.Y. App. Div. Decision date 1990-12-21 English

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p. 972
The 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.

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