PEOPLE v. McDADE


64 A.D.3d 884 (2009)

883 N.Y.S.2d 615

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SUSAN McDADE, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided July 9, 2009.


McCarthy, J.

The male victim in this case is handsome and "bubbly" with the physical appearance of an average young man. A childhood illness, however, has rendered him severely mentally disabled. Thus, he has the cognitive skills of a toddler and also suffers from a variety of physical ailments. Although able to walk, talk and feed himself, the victim has a limited ability to communicate, a limited short term memory and no concept of safety

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