Majority
p. 928The People of the State of New York, Respondent, v. Earl Elliotte, Appellant.
Appeal from a judgment of the County Court, Kings County, convicting appellant after trial of assault in the second degree, with intent to commit rape (Penal Law, § 242, subd. 5), and sentencing him as a second felony offender to serve from 5 to 10 years. Judgment unanimously affirmed. No opinion. Present—Nolan, P. J., Wenzel, Dghetta, Hallman and Kleinfeld, JJ.