People v. Gutkaiss

Appeal from a judgment of the County Court of Washington County (Berke, J.), rendered May 21, 1993, upon a verdict convicting defendant of, inter alia, the crime of sodomy in the first degree.

On this reinstated appeal (280 AD2d 875 [2001]), we are compelled to agree with defendant’s contention that the trial evidence was insufficient to support his conviction under count 17 only of a multicount indictment. This particular count, charging defendant with sodomy in the first degree, stems from allegations that he placed his penis into his then 6-year-old nephew’s anus while the two were in a…