PEOPLE v. COLE


186 A.D.2d 966 (1992)

The People of the State of New York, Respondent, v. Ernest L. Cole, Appellant

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

October 29, 1992


Mercure, J.

Defendant was indicted for rape in the first degree as the result of an incident in which he is alleged to have engaged a woman in sexual intercourse when she was physically helpless as a result of her intoxication (see, Penal Law § 130.35 [2]). At the ensuing jury trial, the evidence, viewed in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), established...

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