Appellate Division of the Supreme Court of New York, 1989

People v. Cooper

People v. Cooper
Appellate Division of the Supreme Court of New York · Decided October 6, 1989
154 A.D.2d 936; 545 N.Y.S.2d 961; 1989 N.Y. App. Div. LEXIS 13037
People v. Cooper

Opinion of the Court

Judgment unanimously affirmed. Memorandum: Evidence of prior rapes of the 12-year-old victim by defendant was properly admitted because, on cross-examination, defense counsel questioned the victim’s ability to determine whether defendant’s penis had entered her vagina and to know whether defendant had ejaculated. (Appeal from judgment of Monroe County Court, Marks, J. — rape, second degree.) Present — Boomer, J. P., Green, Pine, Balio and Davis, JJ.

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