Opinion
November 4, 1960
Judgment of the Children's Court of Albany County which found appellant to be a delinquent child and placed him on probation, unanimously affirmed. The court correctly found that the acts proven were not such as would, if committed by an adult, constitute either unlawful entry or attempted rape. These acts would, however, warrant the conviction of an adult of assault in the third degree and they alone were sufficient basis for the finding.
In decisions Nos. 1-96 the court is as follows: Bergan, P.J., Coon, Gibson, Herlihy and Reynolds, JJ.