Defendant was indicted, tried and convicted of attempted rape in the first degree. He was sentenced to an indeterminate term of imprisonment with a maximum term of 12 years and a minimum term of six years. This appeal ensued. During the trial, the sole witness who was able to make an in-court identification of defendant as the assailant was the victim. Another witness who had observed the assailant was unable to positively identify the defendant at trial although he had previously...
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