People v. Irwin

On reargument, judgment unanimously modified on the law and as modified affirmed and matter remitted to Niagara County Court for further proceedings, in accordance with the following memorandum: On February 2, 1990, we affirmed the judgment entered upon a plea of guilty convicting defendant of two counts of attempted sodomy in the first degree and two counts of sodomy in the second degree. Subsequently, we granted defendant’s pro se motion for reargument. On reargument, defendant contends that he was improperly convicted of two counts of attempted sodomy in the first degree.

Our review of the…