People v. Orlando

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered March 10, 1994, upon a verdict convicting defendant of the crime of sexual abuse in the first degree.

Defendant was indicted and tried for sexual abuse in the first degree and sexual abuse in the third degree. The second count of the indictment was dismissed during trial, and defendant was thereafter convicted of the charge contained in the remaining count and sentenced as a second felony offender to an indeterminate prison term of 3½ to 7 years.

On this appeal defendant contends, inter alia, that County Court…