People v. Johnson

Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered July *40927, 1990, convicting defendant, after a jury trial, of rape in the first degree and sodomy in the first degree, and sentencing him, as a persistent violent felony offender to two concurrent indeterminate terms of imprisonment of from twenty-five years to life, unanimously modified, on the law, to vacate the sentence and remand for resentencing and, except as thus modified, affirmed.

Convicted of raping and sodomizing his twenty-one year-old great niece, defendant argues that the conviction is not supported by the evidence, in…