People v. Ze-Jun Wang

OPINION OF THE COURT

John M. Leventhal, J.

*954Defendant stands charged of, inter alia, rape in the first and third degrees, sexual abuse in the first and third degrees, attempted rape in the first degree, criminal contempt in the first and second degrees, and attempted assault in the third degree. The court has written a separate decision sustaining the legal sufficiency of the grand jury indictment. This opinion explains the court’s rationale in sustaining the count charging the defendant with attempted assault in the third degree (Penal Law §§ 110.00, 120.00 [1]).

Background

Defendant and…