PEOPLE v. DAFOE


31 A.D.2d 893 (1968)

The People of the State of New York, Respondent, v. Robert F. Dafoe, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 30, 1968


MEMORANDUM BY THE COURT.

Complainant testified that appellant forced her to accompany him to a darkened area in a park, where he removed portions of her clothing and fondled her. There was no evidence of a completed rape, and the jury found defendant not guilty of an additional charge of sodomy. We find insufficient evidence in this record of the requisite intent to commit a felony to sustain the conviction for assault in the second degree or attempted rape in the...

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