People v. Shabala

—Levine, J.

Appeal from a judgment of the County Court of Chemung County (Danaher, Jr., J.), rendered January 4, 1985, upon a verdict convicting defendant of the crime of sodomy in the first degree.

Defendant was indicted by a Grand Jury and charged with the crime of sodomy in the first degree. The indictment alleged that in 1981, defendant engaged in deviate sexual intercourse with his then nine-year-old son. At the trial, the victim testified that one night, while his mother was in Canada attending a funeral, his father committed acts of fellatio on him and engaged in anal intercourse with…