People v. Cratsley

OPINION OF THE COURT

Chief Judge Kaye.

Defendant was charged with rape in the third degree (Penal Law § 130.25 [1]) after he admitted to having sexual intercourse with a 33-year-old woman whom he knew to have mental retardation. The sole issue at trial was whether she was legally incapable of consent. 1 While this remains the central question on appeal, an additional issue before us concerns the business records rule.

Complainant, Sherry K., was an employee of the Steuben Association of Retarded Citizens (ARC), a sheltered workshop that provided opportunity and support for adults who are…