Judgment reversed on the law and the facts and a new trial ordered.
In our opinion, the indictment and conviction for attempted rape in the first degree were not invalid as a matter of law merely because the uncorroborated testimony of the complainant indicated that the rape had been consummated (People v. Wasserbach, 271 App. Div. 756). However, we are also of the opinion, and the District Attorney concedes, that the court's refusal to permit proof of a prior...
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