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PEOPLE v. CRATSLEY

86 N.Y.2d 81 (1995)

653 N.E.2d 1162

629 N.Y.S.2d 992

The People of the State of New York, Respondent, v. Stanley G. Cratsley, Appellant.

Court of Appeals of the State of New York.

Decided July 5, 1995.

Attorney(s) appearing for the Case

Michael J. Hutter, Albany, and Allen Redlich for appellant.

James T. Hayden, District Attorney of Chemung County, Elmira, for respondent.

Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.

Chief Judge KAYE.

Defendant was charged with rape in the third degree (Penal Law § 130.25 [1]) after he admitted to having sexual intercourse with a 33-year-old woman whom he knew to have mental retardation. The sole issue at trial was whether she was legally incapable of consent.1 While this remains the central question on appeal, an...

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