PEOPLE v. ADAMS


33 A.D.2d 882 (1969)

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

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

December 11, 1969


Judgment unanimously reversed on the law and facts and indictment dismissed.

Memorandum:

Defendant appeals from a judgment of Erie Trial Term convicting him of second degree burglary for entering a dwelling at night with intent to commit the crime of rape therein. (See Penal Law, § 140.25.) The trial court charged the jury without objection or exception that complainant's testimony of each and every element...

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