The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Defendant, who was hospitalized for physical reasons only, was convicted of sexually abusing two of his fellow hospital patients in violation of Penal Law § 130.65 (2), which applies when the victim "is incapable of consent by reason of being physically helpless." "`Physically helpless' means that a person is unconscious or for any other reason is physically unable to...
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