From Casetext: Smarter Legal Research

People v. Stein

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1962
15 A.D.2d 961 (N.Y. App. Div. 1962)

Opinion

March 26, 1962


Appeal by defendant from a judgment of the County Court, Queens County, entered June 24, 1959 upon the jury's verdict after trial, convicting him of assault in the second degree with intent to commit rape, and sentencing him to a term of two and one-half to five years but suspending execution of the sentence and placing him on probation. The indictment had also charged defendant with rape in the first degree. As to this crime, the jury found him not guilty. Judgment reversed on the law and the facts, and new trial granted. 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.


Summaries of

People v. Stein

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1962
15 A.D.2d 961 (N.Y. App. Div. 1962)
Case details for

People v. Stein

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE BERTRAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 26, 1962

Citations

15 A.D.2d 961 (N.Y. App. Div. 1962)

Citing Cases

People v. Heatley

Furthermore, it is clear that the revision of the statute that occurred in 1971, when the Criminal Procedure…