People v. Counts

Appeal by defendant from a judgment of the Supreme Court, Kings County (Ryan, J.), rendered February 9, 1981, convicting him of three counts of rape in the first degree, two counts of sodomy in the first degree, and assault in the second degree, upon a jury verdict, and sentencing him as a second felony offender to concurrent indeterminate terms of 12V2 to 25 years’ imprisonment on the rape and sodomy counts and a consecutive indeterminate term of ZYz to 5 years’ imprisonment on the assault count. Judgment modified, on the law, so as to provide that the sentence on the assault count shall run…