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PEOPLE v. CHUMLEY

24 A.D.2d 805 (1965)

The People of the State of New York, Respondent, v. Edward Lee Chumley, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

October 29, 1965

MEMORANDUM BY THE COURT.

The proof of the commission of rape in the first degree adduced from the victim, a mentally retarded child of 15, was amply supported by "other evidence" (Penal Law, § 2013), including medical proof of a recent rupture of the hymen and resultant bleeding, and medical proof that the girl was incapable of consent. (See People v. Masse, 5 N.Y.2d 217, 219.) The identification of defendant by the...

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