People v. Cooper

154 A.D.2d 936, 545 N.Y.S.2d 961, 1989 N.Y. App. Div. LEXIS 13037

Opinion

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.