People v. Thomas

Judgment, Supreme Court, New York County (James A. Yates, J., at charge reinstatement; Ruth Pickholz, J., at retrial and sentencing), rendered October 2, 2009, as amended December 18, 2009 and January 4, 2010, convicting defendant, after a jury trial, of attempted rape in the first degree and assault in the second degree, and sentencing him to concurrent terms of 4 to 8 years and IV2 to 3 years, respectively, unanimously affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

Defendant was indicted for attempted rape in the first…