People v. Birds

Kane, J. P.

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered June 8, 1983, upon a verdict convicting defendant of the crimes of rape in the first degree (one count), attempted sodomy in the first degree (two counts) and robbery in the second degree (one count).

Defendant and two other codefendants were tried jointly. The jury returned thé same verdict of guilty as to each defendant. The convictions of the codefendants were previously affirmed upon appeal to this court (see, People v Irving, 107 AD2d 944; People v Allsbrook, 105 AD2d 467, appeal *175dismissed 66…