Opinion
November 2, 1967
Judgment convicting defendant of the crimes of burglary in the first degree, robbery in the first degree, and assault with intent to commit rape, unanimously modified, on the law, to vacate conviction for assault with intent to commit rape, and otherwise affirmed. Since no corroboration was furnished as to the consummated rape, this count having been dismissed therefor by the trial court, the charge of assault with intent to commit rape must fail. The District Attorney properly recommends that the conviction of assault with intent to commit rape be reversed. ( People v. English, 16 N.Y.2d 719; People v. Lo Verde, 7 N.Y.2d 114; People v. Lennon, 27 A.D.2d 730.)
Concur — Stevens, J.P. Eager, Capozzoli, Tilzer and Rabin, JJ.