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PEOPLE v. MALARK

283 A.D. 263 (1954)

The People of the State of New York, Respondent, v. William M. Malark, Appellant

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

January 27, 1954.

Attorney(s) appearing for the Case

Robert H. Halliday for appellant.

Charles E. Bowers, District Attorney (Roger W. Daniels of counsel), for respondent.

FOSTER, P. J., BERGAN, COON, HALPERN and IMRIE, JJ., concur.

Per Curiam.

Defendant has been acquitted of the charge of rape in the second degree but has been convicted of the charge of assault in the second degree on a count in the indictment which alleged that he assaulted the complainant, a girl under eighteen years old, "with intent to commit upon her the felony of rape".

The statute (Penal Law, § 242, subd. 5) provides that a person who "assaults another with...

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