Rapetti v. James

PIERCE, Circuit Judge: In September, 1983, Robert Rapetti, Jr. and a co-defendant were convicted of two counts of Rape in the Third Degree following a non-jury trial before Judge Howard Miller in the County Court, Westchester County. The convictions were affirmed with opinion on appeal, People v. DiNoia, 105 A.D.2d 799, 481 N.Y.S.2d 738 (2d Dep't 1984), and leave to appeal to the New York Court of Appeals was denied, People v. Rapetti, 64 N.Y.2d 763, 485 N.Y.S.2d 1049, 475 N.E.2d 466 (1984). Petitioner was sentenced to a term of imprisonment of one and one-third to four years. He thereafter sought a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1982) in the United States District Court for the Southern District of New York (Brieant, Judge). The district court, in an opinion and order dated June 27, 1985, granted the writ holding that the evidence presented at trial could not support a finding that petitioner was guilty beyond a reasonable doubt of Rape in the Third Degree. The district court found that the evidence was insufficient to establish two essential elements: 1) that the victim was incapable of giving consent because of drugs or an intoxicating substance administered to her without her consent and 2) that petitioner was aware of this incapacity. For the reasons set forth below, the order of the district court is reversed.