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PEOPLE v. SWEENEY

2011-06512.

92 A.D.3d 810 (2012)

938 N.Y.S.2d 452

2012 NY Slip Op 1288

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH SWEENEY, Appellant.

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

Decided February 14, 2012.

Ordered that the judgment is affirmed.

The defendant contends that there was legally insufficient evidence to support his convictions of rape in the first degree and criminal sexual act in the first degree, as the People failed to establish that the complainant was "physically helpless," an element of those crimes as charged here (see Penal Law § 130.35 [2]; § 130.50 [2]). Viewing the evidence in the light...

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