People v. Goodfriend

OPINION OF THE COURT

Allen Murray Myers, J.

Defendant Michael Goodfriend’s motion to vacate and set aside the verdict entered on June 27, 1981 and to dismiss the indictment, or in the alternative to grant a new trial under CPL 330.30 (subd 1), is now before this court.

There were three counts in this indictment. The jury acquitted the defendant on Count No. 1 which had charged him with rape in the first degree, and on Count No. 2 which charged him with oral sodomy in the first degree. The jury, however, convicted the defendant of the third count of anal sodomy in the first degree.

At the time of…