People v. Andrus

— Appeal from a judgment of the County Court of St. Lawrence County, rendered May 20, 1980, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree. Defendant was indicted on two separate indictments; the first charging him with sodomy in the first degree in violation of section 130.50 of the Penal Law, a class B felony, and sodomy in the third degree in violation of section 130.40 of the Penal Law, a class E felony, and the second charging him again with sodomy in the first degree and sexual abuse in the third degree in violation of section 130.55 of the…