Judgment modified on the law and the facts as follows: (1) by striking out the provisions convicting the defendant of attempted rape in the first degree and of assault in the second degree and imposing sentence; and (2) by substituting therefor a provision convicting defendant of assault in the third degree. As so modified, the judgment is affirmed, and defendant directed to be discharged.
Since the maximum sentence for assault in the third degree is one year, and...
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