People v. Rivera

—Carpinello, J.

Appeal from a judgment of the County Court of Broome County (Smith, J.), rendered June 10, 1997, upon a verdict convicting defendant of the crime of sodomy in the second degree.

On July 18, 1996, defendant (born in 1966) was accused of engaging in an act of deviate sexual intercourse with the 13-year-old victim. Following trial, he was found guilty of the crime of sodomy in the second degree and sentenced as a second felony offender to a prison term of 3V2 to 7 years. Defendant contends on this appeal that County Court erred by failing to include in the jury charge the lesser…