Judgment modified, on the law, by reducing the conviction to one of criminal trespass in the second degree. As so modified, judgment affirmed.
On June 25, 1977, at approximately 4:50 A.M., the complainant awoke in her bedroom and saw a black male crouching at the foot of her bed. She tried to scream, but he gagged her mouth with a piece of cloth, jumped on top of her, his forearm across her breasts, and pinned her arms beneath her body. She struggled as he pulled...
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