There was not enough evidence to support an attempted rape conviction for a man who broke into a woman’s home, ordered her to disrobe and demanded money, but did not touch her or demand sex, an appeals court ruled.
The order by a panel of the Appellate Division, Second Department, which was handed down Thursday, partially reverses a 2010 decision by Rockland County Court Judge William Nelson in People v. Mais, 440/08, to convict Donovan Mais of second-degree burglary, first-degree attempted rape and attempted robbery.
