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PEOPLE v. REYNOLDS

25 N.Y.2d 489 (1969)

The People of the State of New York, Respondent, v. Steven B. Reynolds, Appellant.

Court of Appeals of the State of New York.

Decided December 10, 1969.

Attorney(s) appearing for the Case

Allen C. Cohen for appellant.

Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur with Judge SCILEPPI; Judge BREITEL concurs in result in a separate opinion in which Judge JASEN concurs.

SCILEPPI, J.

The appellant has appealed pursuant to leave granted, upon reargument1, by a Judge of this court from a judgment of the Appellate Division, Second Department, which affirmed a judgment of Supreme Court, Kings County, convicting appellant of assault in the second degree with intent to commit rape in the first degree.2

On April 23, 1963...

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