People v. Hargrove

— Appeal by defendant from a judgment of the Supreme Court, Queens County (Balbach, J.), rendered June 14, 1979, convicting him of attempted rape in the first degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment modified, on the law, by reversing the conviction of assault in the second degree, vacating the sentence imposed thereon, and dismissing said count. As so modified, judgment affirmed. The crime of assault in the second degree of which defendant was convicted requires proof of a physical injury to the victim (Penal Law, § 120.05, subd 6).…