People v. Johnson

Appeal by defendant from a judgment of the Supreme Court, Queens County (Sharpe, J.), rendered June 7,1979, convicting him of sodomy in the first degree and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and indictment dismissed. This case is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50. The defendant was indicted and tried for rape in the first degree, sodomy in the first degree and unlawful imprisonment in the second degree. Under each charge…