People v. Morello

lant. Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted of seven counts of rape, sodomy and sexual abuse based on lack of consent due to the ages of the two victims. He attacks his *238convictions for first degree sodomy and first degree sexual abuse of the younger victim on the ground of lack of proof that she was under 11 years of age at the time of the complained-of acts (Penal Law § 130.50 [3]; § 130.65 [3]). From the proof the jury could have found that the incident occurred during October 1978 on…