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PEOPLE v. TORRES

2008-06002.

78 A.D.3d 866 (2010)

910 N.Y.S.2d 381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUBEN TORRES, Appellant.

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

Decided November 9, 2010.

Ordered that the judgment is affirmed.

The complainant's testimony that the defendant committed uncharged acts of sexual abuse and rape against her, from the time she was seven or eight years old, was properly admitted into evidence at trial as relevant to prove the absence of consent, a necessary element of the crime of rape in the third degree (see People v Cook, 93 N.Y.2d 840

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