People v. Ariano

The indictment originally contained six counts, among them counts charging both defendants with assault in the second degree with intent to commit sodomy. The evidence on behalf of the People, if accepted by the jury, justifies the verdict rendered; but because of errors the judgments will have to be reversed and a new trial ordered.

*427It appears that when the defendants were arraigned they both pleaded not guilty. Thereafter, they withdrew the plea and entered a plea of guilty to assault in the third degree. After the probation reports were in, and, as is claimed by the defendants, at the…