People v. Del Campo

CourtNew York Supreme Court Appellate Division
Citation281 A.D.2d 279,722 N.Y.S.2d 148
Decision Date20 March 2001
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>RAMON DEL CAMPO, Appellant.

281 A.D.2d 279
722 N.Y.S.2d 148

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

Decided March 20, 2001.


Concur — Rosenberger, J. P., Williams, Mazzarelli, Andrias and Rubin, JJ.

The trial court properly refused to charge sexual abuse in the third degree as a lesser included offense since no reasonable

[281 A.D.2d 280]

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 NY2d 788). The clear, consistent and integrated testimony of the complainant was that defendant grabbed her chest from behind, lifted her off her feet, and rubbed his genitals against her buttocks while his hands were on her breasts. The act of lifting the complainant off the ground, thereby limiting her freedom of movement was plainly forcible.

Defendant's ineffective assistance of counsel claim primarily involves questions of trial strategy and matters dehors the record regarding communications between defendant and counsel. To the extent the existing record permits review, it establishes that defendant received meaningful representation (see, People v Benevento, 91 NY2d 708, 712-713). "Counsel may not be expected to create a defense when it does not exist." (People v DeFreitas, 213 AD2d 96, 101, lv denied 86 NY2d 872.)

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5 practice notes
  • People v. Gassett, 2004 NY Slip Op 50890(U) (NY 5/27/2004), 3403/2003.
    • United States
    • New York Court of Appeals
    • May 27, 2004
    ...6 [3]), and that his actions were consistent with the innocent conduct of trying to get Diamond out of the bed.5 See People v. Del Campo 281 A.D.2d 279, 280 (1st Dept. 2001) (First degree sexual abuse where "defendant grabbed [victim] . . . from behind, lifted her off her feet, and rubbed h......
  • People v. Mack
    • United States
    • New York Supreme Court Appellate Division
    • September 21, 2010
    ...well as her testimony that she did not know what had occurred until she discovered the semen on her clothing. Citing People v. Del Campo, 281 A.D.2d 279, 722 N.Y.S.2d 148 [2001], lv. denied 97 N.Y.2d 640, 735 N.Y.S.2d 497, 761 N.E.2d 2 [2001], the People argue that defendant used physical f......
  • T.Z. ex rel. C.G. v. City of New York, No. 05-CV-5111 (CPS)(JMA).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 23, 2009
    ...130.65 (sexual abuse in the first degree where a person subjects another to sexual conduct by forcible compulsion); People v. Del Campo, 281 A.D.2d 279, 722 N.Y.S.2d 148 (1st Dept.2001) (offense committed when defendant grabbed victim, limiting her freedom of movement, and rubbed her breast......
  • The People Of The State Of N.Y. v. Mack, 2180
    • United States
    • New York Supreme Court Appellate Division
    • September 21, 2010
    ...by the Penal Law, an act has been held to be forcible if it limits the victim's freedom of movement. See People v. Del Campo, 281 A.D.2d 279, 722 N.Y.S.2d 148 (1st Dept. 2001), lv. denied, 97 N.Y.2d 640, 735 N.Y.S.2d 497, 761 N.E.2d 2 (2001) (finding the act of lifting the victim off the gr......
  • Request a trial to view additional results
5 cases
  • People v. Gassett, 2004 NY Slip Op 50890(U) (NY 5/27/2004), 3403/2003.
    • United States
    • New York Court of Appeals
    • May 27, 2004
    ...6 [3]), and that his actions were consistent with the innocent conduct of trying to get Diamond out of the bed.5 See People v. Del Campo 281 A.D.2d 279, 280 (1st Dept. 2001) (First degree sexual abuse where "defendant grabbed [victim] . . . from behind, lifted her off her feet, and rubbed h......
  • People v. Mack
    • United States
    • New York Supreme Court Appellate Division
    • September 21, 2010
    ...well as her testimony that she did not know what had occurred until she discovered the semen on her clothing. Citing People v. Del Campo, 281 A.D.2d 279, 722 N.Y.S.2d 148 [2001], lv. denied 97 N.Y.2d 640, 735 N.Y.S.2d 497, 761 N.E.2d 2 [2001], the People argue that defendant used physical f......
  • T.Z. ex rel. C.G. v. City of New York, No. 05-CV-5111 (CPS)(JMA).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 23, 2009
    ...130.65 (sexual abuse in the first degree where a person subjects another to sexual conduct by forcible compulsion); People v. Del Campo, 281 A.D.2d 279, 722 N.Y.S.2d 148 (1st Dept.2001) (offense committed when defendant grabbed victim, limiting her freedom of movement, and rubbed her breast......
  • The People Of The State Of N.Y. v. Mack, 2180
    • United States
    • New York Supreme Court Appellate Division
    • September 21, 2010
    ...by the Penal Law, an act has been held to be forcible if it limits the victim's freedom of movement. See People v. Del Campo, 281 A.D.2d 279, 722 N.Y.S.2d 148 (1st Dept. 2001), lv. denied, 97 N.Y.2d 640, 735 N.Y.S.2d 497, 761 N.E.2d 2 (2001) (finding the act of lifting the victim off the gr......
  • Request a trial to view additional results

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