Does a victim's testimony that she slipped in and out of consciousness during her ordeal satisfy the statutory definition of physical helplessness?

The district court cited People v. Conto, 218 A.D.2d 665, 630 N.Y.S.2d 542 (2d Dep't 1995), for the proposition that a victim's testimony that she "`slipped in and out of consciousness' and was therefore only physically helpless `during certain intervals of her ordeal,' does not satisfy the statutory definition of physical helplessness." Noting Desio's grand jury testimony that she slept "off and on" during the episode, the district court held that this testimony was insufficient to establish a prima facie case of rape based on physical helplessness and that trial counsel was ineffective for not raising this point.