People v. Carlos C.

Appeal by defendant from a judgment of the Supreme Court, Westchester County, rendered July 22, 1976, adjudicating him a youthful offender, upon a jury verdict finding him guilty of rape in the first degree, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No issues have been raised with regard to the findings of fact. The trial court should have charged the lesser included offenses of sexual abuse in the first degree and attempted rape in the first degree, as well as coercion in the second degree. Such a request was made by defense counsel and was opposed by the…