Appellate Division of the Supreme Court of the State of New York December 29, 1980 (People v. Jimenez)

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 5, 1978, convicting him of rape in the first degree (two counts) and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reducing the conviction of assault in the second degree to one of assault in the third degree. As so modified, judgment affirmed.