People v. Bumbury

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered June 25, 1996, convicting him of rape in the second degree (three counts), assault in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the facts, by reversing the conviction for assault in the third degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant’s contentions that the indictment charging him with three…