People v. Kittares

Judgment of conviction, rendered August 27, 1962, unanimously modified, on the law and on the facts, to the extent of vacating the conviction on counts 1 and 4 and directing a new trial thereon, and, as so modified, affirmed. The indictment filed November 17, 1961 charges 8 counts: sodomy, second degree (counts 1 and 4); assault, second degree, with intent to commit the crime of sodomy, second degree (counts 2 and 5); impairing the morals of a child under the age of 16 years (counts 3 and 8); carnal abuse of a child of the age of 10 years or under (count 6); assault, second degree, with…