SPAIN, J.
Defendant was indicted for the crimes of rape in the first degree, sodomy in the first degree and sexual abuse in the first degree. The indictment stems from allegations made by an acquaintance of defendant (hereinafter the victim) that defendant engaged in sexual intercourse with her while she was passed out and alone with him in her cousin's apartment, following an evening of smoking marihuana and excessive alcohol consumption. While defendant acknowledged...
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