Appeal by defendant from a judgment of the County Court, Queens County, entered June 24, 1959 upon the jury's verdict after trial, convicting him of assault in the second degree with intent to commit rape, and sentencing him to a term of two and one-half to five years but suspending execution of the sentence and placing him on probation. The indictment had also charged defendant with rape in the first degree. As to this crime, the jury found him not guilty. Judgment reversed on the law and the facts, and new trial granted. In our opinion the jury's verdict finding defendant guilty of assault in the second degree with intent to commit rape, is against the weight of the evidence, and a new trial is required in the interests of justice (Code Crim. Pro., § 527). Ughetta, Acting P.J., Kleinfeld, Christ, Hill and Rabin, JJ., concur.