Defendant, a psychiatric nurse at the Capital District Psychiatric Center (CDPC) in Albany, was indicted on two counts each of rape in the third degree (Penal Law, § 130.25, subd 1) and sodomy in the third degree (Penal Law, § 130.40, subd 1), committed against two women who were each alleged to be incapable of consent by reason of being mentally defective due to her emotional and mental state. Evidence at the trial established that each woman had a history of treatment...
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