Ordered that the judgment is affirmed.
A review of the record reveals that there was legally sufficient evidence to support the finding that the 13-year-old complainant was incapable of consenting to deviate sexual intercourse with the defendant by reason of her being physically helpless (Penal Law § 130.50 [2]; § 130.00 [7]). The substantial testimony regarding the complainant's voluntary intoxication enabled the trier of fact to infer that she lacked capacity...
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