People v. Weibke

— Mikoll, J.

Appeal from a judgment of the County Court of Ulster County (Vogt, J.), rendered October 19, 1983, upon a verdict convicting defendant of the crimes of sodomy in the first degree, aggravated sexual abuse, assault in the second degree (two counts) and unlawful imprisonment in the first degree.

The facts underlying the instant matter are set out sufficiently in the companion case of People v Francine CC. (112 AD2d 531), tried herewith.

Defendant contends that his conviction for assault in the second degree must be reversed since it was improperly submitted to the jury as a lesser…