People v. Harley

Appeal from a judgment of the County Court of Chemung County, rendered April 18, 1975, upon a verdict convicting defendant of the crimes of attempted rape in the first degree and assault in the third degree. Defendant was indicted, tried and convicted of the crimes of attempted rape in the first degree and assault in the third degree. Thereafter, pursuant to CPL 400.21 (subd 2), a statement was filed by the District Attorney, charging defendant with having previously been convicted of burglary, third degree, a Class D felony. Defendant was sentenced on his conviction of attempted rape to an…