People v. Smith
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered December 22, 1998, upon a verdict convicting defendant of the crime of sodomy in the first degree.
On June 17, 1997, defendant, a 22-year-old male, was indicted and charged with one count of sodomy in the first degree. The charge stemmed from allegations made by a then 19-year-old female coworker that defendant anally sodomized *678her in a stairwell at their place of employment. At trial, the victim testified that in April 1997, she and her coworkers, including defendant, ate lunch in the cafeteria located in the…
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