Page 962
In our opinion the jury’s verdict finding defendant guilty of assault in the second degree with intent to commit rape, is against the weight of the evidence, and a new trial is required in the interests of justice (Code Crim. Pro., § 527). Ughetta, Acting P. J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.
People v. Stein
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1962-03-26
Citations: 15 A.D.2d 961
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