People v. Romer

On defendant’s appeal from a judgment of the County Court, Orange County, rendered November 3, 1969 on resentence, we affirmed the judgment on November 16, 1970 (People v. Romer, 35 A D 2d 911), but on January 18, 1971 we granted his motion for reargument. On reargument, judgment reversed, on the law; defendant’s additional plea of guilty to sodomy in the first degree vacated; and case remanded to the County Court for resentence of defendant upon his plea of guilty to assault in the second degree with intent to commit sodomy. Defendant was indicted in 1963 for sodomy in the first and second…