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PEOPLE v. DEL CAMPO

281 A.D.2d 279 (2001)

722 N.Y.S.2d 148

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAMON DEL CAMPO, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 20, 2001.

The trial court properly refused to charge sexual abuse in the third degree as a lesser included offense since no reasonable view of the evidence supported a finding that defendant subjected the complainant to sexual contact, but did so without physical force (see, People v Negron, 91 N.Y.2d 788). The clear, consistent and integrated testimony of the complainant was that defendant grabbed...

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