People v. Boyce

Appeal from a judgment of Genesee County Court (Noonan, J.), entered May 18, 2000, convicting defendant after a jury trial of, inter alia, sodomy in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of sodomy in the first degree *1023(Penal Law § 130.50 [1]) and sodomy in the third degree (§ 130.40 [2]). Defendant failed to preserve for our review his contention that County Court erred in failing to instruct the jury that it had to reach a…