People v. Bink

Appeal from a judgment of the County Court of Albany County (Harris, J.), rendered May 23,1978, upon a verdict convicting defendant of two counts of the crime of sodomy in the first degree. Complainant and defendant were inmates of the Albany County Jail and both agree that complainant, on three occasions on January 1 and January 2, 1978, performed fellatio on defendant. It is further established that on the evening of January 2, 1978, complainant told a correction officer sergeant that defendant had “threatened” and/or “forced” complainant to perform those sex acts and that he was to do it…