People
v.
Gleixner

Appellate Division of the Supreme Court of New York, Second DepartmentNov 10, 1986
124 A.D.2d 675 (N.Y. App. Div. 1986)

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November 10, 1986

Appeal from the Supreme Court, Queens County (Farlo, J.).


Ordered that the judgment is affirmed.

A review of the record indicates that there was sufficient evidence to support the jury's verdict (see, People v Walstatter, 53 N.Y.2d 871; People v Gebert, 118 A.D.2d 799, 801; People v Griffith, 80 A.D.2d 590, 591).

In addition, we find that the trial court correctly refused to charge the jury concerning the crime of sexual abuse in the third degree (Penal Law § 130.55), as a lesser included offense of the counts charging sodomy in the first degree (Penal Law § 130.50, [2]; see, People v Wheeler, 67 N.Y.2d 960). Moreover, the trial court did not err in refusing to charge the crime of sexual misconduct (Penal Law § 130.20) as a lesser included offense of the counts charging sodomy in the first degree (Penal Law § 130.50, [2]; see, People v Aglio, 112 A.D.2d 440; cf. People v McEaddy, 30 N.Y.2d 519).

We have considered the defendant's other contentions and find them to be either unpreserved for appellate review or without merit. Lazer, J.P., Niehoff, Lawrence and Kooper, JJ., concur.