People v. Gleixner

A review of the record indicates that there was sufficient evidence to support the jury’s verdict (see, People v Walstatter, 53 NY2d 871; People v Gebert, 118 AD2d 799, 801; People v Griffith, 80 AD2d 590, 591).

In addition, we find that the trial court correctly refused to charge the jury concerning the crime of sexual abuse in the third degree (Penal Law § 130.55), as a lesser included offense of the counts charging sodomy in the first degree (Penal Law § 130.50 [1], [2]; see, People v Wheeler, 67 NY2d 960). Moreover, the trial court did not err in refusing to charge the crime of sexual…