People v. Hacker

Main, J. Appeal from a judgment of the County Court of Broome County (Coutant, J.), rendered March 3, 1982, upon a verdict convicting defendant of the crimes of rape in the first degree, sodomy in the first degree and robbery in the first degree.

Defendant and codefendant Brian E. Jayne were indicted on October 23, 1981 for the crimes of rape in the first degree and *788robbery in the first and second degrees. Defendant was also indicted for sodomy in the first degree. Janet Sprague, the alleged victim, had picked defendant’s photograph out of a photographic array and had identified him in a…