PEOPLE v. DEAN


70 A.D.3d 1193 (2010)

894 N.Y.S.2d 596

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD DEAN, Appellant.

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

Decided February 18, 2010.


Lahtinen, J.

Defendant and the victim are adults who have mental impairments such that both are in the bottom one percent of the range of human intelligence. Defendant's IQ is 64 and he functions at a higher level than the victim, whose IQ is 52. They had known each other for many years when, in February 2007, they engaged in sexual intercourse. In June 2007, the social worker assigned to the victim at the sheltered workshop where she worked received a call from the...

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