People v. Labenski

Judgment unanimously affirmed. Memorandum: Defendant was convicted of sodomy in the first degree (Penal Law § 130.50 [1]), rape in the first degree (Penal Law § 130.35 [1]), sexual abuse in the first degree (Penal Law § 130.65 [1]), and burglary in the second degree (Penal Law § 140.25 [2]) arising out of the forcible rape and sodomy of a 17-year-old girl in her home in the City of Syracuse on October 13, 1983. Defendant was previously convicted of these same charges but, on a prior appeal, we reversed and granted defendant a new trial (see, People v Labenski, 134 AD2d 907).

Prior to the…