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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO TOLEDO, Appellant.

Judgment unanimously affirmed. Memorandum: The trial court properly rejected defendant's request to charge sexual misconduct as a lesser included offense of rape in the first degree and sodomy in the first degree (see, People v. Blackwell, 177 A.D.2d 952 [decided herewith]).

We have examined defendant's other contention and find it to be without merit.

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PEOPLE v. TOLEDO
(Nov 15, 1991)