
    The People of the State of New York, Respondent, v Steven Joseph Garofolo, Appellant.
   —Appeal by defendant from a judgment of the County Court, Suffolk County, rendered May 18, 1977, convicting him of rape in the first degree, sodomy in the first degree and burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. We note that upon his retrial under Indictment No. 529/76 the defendant was again found guilty of, inter alia, murder in the second degree. Rabin, J. P., Gulotta, Shapiro and Mangano, JJ., concur.  