People v. Huurre

OPINION OF THE COURT

Lawrence, J.

The issue to be decided on this appeal is whether the evidence adduced, when viewed in the light most favorable to the prosecution, is sufficient to establish that the victim, a profoundly retarded individual, is physically helpless, as that term is defined in Penal Law § 130.00 (7), such that the defendant’s conviction for sexual abuse in the first degree (see, Penal Law § 130.65 [2]) is supported by legally sufficient evidence.

The defendant was convicted, inter alia, of sexual abuse in the first degree in that he subjected the victim, a profoundly mentally…