One of the defendants charged with the murder of Michael Sandy, a New York City gay man who allegedly was targeted because of his sexual orientation, has testified to having had sex with men, as part of an effort to defuse the hate crimes charges. However, prosecutors and legal experts say defendant Anthony Fortunato's sexual orientation is irrelevant because New York law defines a hate crime as one in which a victim is singled out because of that person's sexual orientation, among other factors.

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