People v. Sobieraj

This is an application by the defendant, Michael F. Sobieraj, for a certificate of this court that in its opinion there is a reasonable doubt whether the judgment of rape in the second degree against him should stand.

The defendant was convicted on June 27, 1958 in the County Court of Oneida County. He was sentenced July 3, 1958 to *1052imprisonment in the Attica State Prison for a term of from one and one-half to three years. Notice of appeal was filed and served on July 3,1958. Presently the defendant is in the Oneida County Jail.

The indictment upon which the defendant was tried reads as follows:

S…