People v. Martin

*1184Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered May 25, 2001. The judgment convicted defendant, upon a jury verdict, of sodomy in the first degree, attempted rape in the first degree, burglary in the second degree, sexual abuse in the first degree and endangering the welfare of a child (two counts).

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, after a jury trial, of sodomy in the first degree (Penal Law former § 130.50 [3]),…