People v. Mendez

Defendant and his companion met the complainant on the street and forcibly carried her to an apartment building where they attempted to rape her. On this appeal, defendant contends that the trial court erred by submitting as a lesser included charge the offense of attempted rape in the first degree. Specifically, it is urged that such offense should not have been charged since the complainant testified that an actual rape occurred and, thus, her trial testimony supported rape in the first degree and not attempted rape. Similarly, defendant claims that the trial court had no statutory…