People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Beerman, J.), rendered January 2, 1990, convicting him of rape in the first degree, sodomy in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by reversing the defendant’s conviction of rape in the first degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The first two counts of the indictment charged the defendant with rape in the…