People v. Gold

Judgment so far as it convicts defendant of the crime of assault, second degree, and sentences him to one to two years’ imprisonment on that charge reversed on the law and otherwise judgment affirmed. Memorandum: The judgment appealed from convicts defendant on both counts of an indictment charging him (in the first count thereof) with the crime of sodomy (Penal Law, § 690) and (in the second count thereof) with the crime of assault, second degree (Penal Law, § 242). The jury returned a verdict of guilty under the first count and of not guilty under the second count. Being of the opinion that…