Opinion
July 11, 1983
Appeal from the Supreme Court, Monroe County, Boomer, J.
Present — Hancock, Jr., J.P., Callahan, Denman, Moule and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: In affirming we hold that proof of penetration is not required for conviction of sodomy (see Penal Law, § 130.00, subd 2; People v Griffith, 80 A.D.2d 590). In any event, there is sufficient evidence in the record from which the jury could find that penetration had occurred. On review of the record we find no support for defendant's contention that he was deprived of effective assistance of counsel at trial.