Ordered that the judgment is affirmed.
The defendant's conviction arises out of an incident in which he engaged in a sexual act with the complainant, a mentally-retarded female who was then 19 years old. Contrary to the defendant's contention, there was legally sufficient evidence from which the trial court could have concluded that the complainant was "mentally defective" within the meaning of Penal Law § 130.00 (5), and that therefore she could not consent...
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