Opinion
February 13, 1962
Appeal by defendant from a judgment of the County Court, Kings County, rendered March 12, 1958 after a jury trial, convicting him of rape in the second degree and sentencing him, as a second offender, to serve a term of 10 to 20 years. Judgment reversed on the law and the facts and a new trial ordered. In our opinion, on the record before us, a new trial is required in the interests of justice. Ughetta, Acting P.J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.