89 A.D.2d 740 | N.Y. App. Div. | 1982
Appeal from a judgment of the County Court of Albany County (Clyne, J.), rendered December 27, 1979, upon a verdict convicting defendant of two counts each of the crimes of sodomy in the third degree and rape in the third degree. Defendant, a psychiatric nurse at the Capital District Psychiatric Center (CDPC) in Albany, was indicted on two counts each of rape in the third degree (Penal Law, § 130.25, subd 1) and sodomy in the third degree (Penal Law, § 130.40, subd 1), committed against two women who were each alleged to be incapable of consent by reason of being mentally defective due to her emotional and mental state. Evidence at the trial established that each woman had a history of treatment for mental illness and first came into contact with defendant in his professional capacity when she sought mental health assistance from CDPC. Defendant’s first point on appeal is that County