People v. Dalrymple

The defendant has been found guilty as charged in the indictment of the crime of sodomy in the first degree. No one will question that the record contains evidence sufficiently convincing to warrant a verdict of sodomy in the second degree. However, we find the evidence clearly insufficient to support the verdict of guilty of sodomy in the first degree.

Section 690 of the Penal Law, as amended by chapter 525 of the Laws of 1950 (§ 15), provides in pertinent part:

“ A person who carnally 'knows any male or female person * * * against the will and without the consent of such other person; or,

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