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PEOPLE v. EASLEY

42 N.Y.2d 50 (1977)

The People of the State of New York, Respondent, v. Frank J. Easley, Appellant.

Court of Appeals of the State of New York.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Michael J. Obus, James J. McDonough and Matthew Muraskin for appellant.

Denis Dillon, District Attorney (William C. Donnino, Anthony J. Girese and Steven R. Bernhard of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, and COOKE concur.

FUCHSBERG, J.

The defendant, Frank J. Easley, was charged with the commission of the crime of rape in the third degree for engaging in sexual intercourse with one Rita Waller, who, though past her seventeenth birthday, the present age of statutory consent (Penal Law, § 130.05, subd 3, par [a]), was alleged to have been incapable of consenting to such an act because she was "mentally defective" (Penal Law...

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