PEOPLE v. OCAMPO


28 A.D.3d 684 (2006)

813 N.Y.S.2d 217

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PORFIRIO R. OCAMPO, Appellant.

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

April 18, 2006.


Ordered that the judgment is reversed, on the law, and a new trial is ordered.

The defendant was indicted for aggravated sexual assault and related charges arising from a sexual encounter that occurred between him and the complainant, an 18-year-old illegal alien, on June 11, 2002. At trial, the defendant's theory was that the encounter was consensual and initiated by the complainant. Specifically, the defendant alleged that just before the encounter, the complainant...

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