Judgment reversed on the law and the facts, and new trial granted.
Defendant was indicted for burglary in the first degree, attempted rape in the first degree and assault in the second and third degrees. At the close of the People's case, the Trial Judge dismissed the counts of attempted rape and assault in the second degree. At the close of the defendant's case, the Trial Judge reduced the count of burglary in the first degree to burglary in the third degree and...
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