People v. Anderson

— Appeal by the defendant from a *761judgment of the Supreme Court, Queens County (Farlo, J.), rendered March 24, 1986, convicting him of attempted rape in the first degree, criminal possession of a weapon in the third degree and assault in the second degree, upon a jury verdict, and imposing sentence.

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

The evidence adduced was legally insufficient to establish…