Mercure, J.P.
On the night of May 25, 2001, the victim visited defendant at his apartment in the Town of Colonie, Albany County. When she decided to leave, she asked defendant for cab fare. Defendant evidently gave the victim $20 but demanded that she have sex with him. After the victim refused, defendant restrained her and had forcible intercourse with the victim. When the victim struggled, defendant became angry at her and punched her in the face and then hit her...
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