Defendant has been convicted of assualt in the second degree on a woman; the proof strongly supports the conviction, but we are of opinion there must be a new trial on procedural grounds. At the time of his conviction in June, 1958 defendant was a ward of the United States Veterans' Administration and there was still outstanding an adjudication of mental incompetency entered by the Supreme Court, Onondaga County, in March, 1951. Defendant had previously (1946) been in the...
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