People v. Tortorice

— Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered March 10, 1982, convicting defendant upon his plea of guilty of the crime of rape in the first degree. As a result of an incident which occurred on the night of December 4, 1981 in the City of Watervliet, Albany County, wherein defendant, age 16, allegedly engaged in sexual intercourse and deviate sexual intercourse with a 14-year-old girl by means of forcible compulsion, defendant was indicted on one count of rape in the first degree (Penal Law, § 130.35, subd 1) and two counts of sodomy in the first degree…