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PEOPLE v. DI NOIA

105 A.D.2d 799 (1984)

The People of the State of New York, Respondent, v. Michael Di Noia and Robert Rapetti, Appellants

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

November 19, 1984

Judgments affirmed and matter remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (subd 5).

Appellants were accused of engaging in sexual intercourse with a female who was incapable of consent due to being mentally incapacitated (see Penal Law, § 130.25, subd 1; § 130.05, subd 3, par [c]). Subdivision 6 of section 130.00 of the Penal Law provides: "`Mentally incapacitated' means that a person is rendered temporarily...

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