Opinion
December 27, 1961
Appeal by defendant from a judgment of the County Court, Kings County, rendered May 29, 1959, after a jury trial, convicting him of assault in the second degree, and sentencing him, as a third felony offender, to serve a term of three years to six years. Judgment affirmed. No opinion.
In my opinion, defendant's guilt of assault in the second degree was not established, even though the proof did suffice to support defendant's conviction for a lesser offense, namely, an attempt to commit the crime of second degree assault.