| N.Y. App. Div. | Mar 26, 1962

*962In 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.

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