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PEOPLE v. ROGERS

103916.

92 A.D.3d 1151 (2012)

938 N.Y.S.2d 677

2012 NY Slip Op 1388

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER M. ROGERS, Appellant.

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

Decided February 23, 2012.

McCARTHY, J.

The victim, a 28-year-old woman, gave birth to a child fathered by defendant. Because the victim was deemed incapable of consenting to sexual intercourse as a result of her developmental disabilities, defendant was charged with rape in the second degree. After a jury convicted him of that charge, County Court sentenced him, as a second felony offender, to seven years in prison plus 15 years of postrelease supervision. Defendant appeals.

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