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PEOPLE v. McDADE

14 N.Y.3d 760 (2010)

925 N.E.2d 92

899 N.Y.S.2d 749

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

Court of Appeals of New York.

Decided February 23, 2010.

Attorney(s) appearing for the Case

O'Connell & Aronowitz, Albany ( Andrew R. Safranko of counsel), for appellant.

Richard J. McNally, Jr. , District Attorney, Troy ( Ian H. Silverman of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed. Legally sufficient evidence supports defendant Susan McDade's conviction of second-degree rape. Forensic DNA testing of a penile swab from the victim, a severely mentally disabled 17-year-old boy, revealed the existence of significant amounts of defendant's DNA, which established that defendant had extended, noncasual contact with the victim's penis. Eyewitness evidence...

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