PEOPLE v. AULETA

103287, 102609, 103295.

82 A.D.3d 1417 (2011)

919 N.Y.S.2d 222

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANCIS AULETA, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided March 17, 2011.


MERCURE, J.P.

In July 1997, the 17-year-old victim reported to police that she had been raped at gunpoint by defendant in the basement of his restaurant in the City of Albany. The victim stated that she went to the restaurant for a job interview. While there, defendant held a gun to her neck, bound her hands and neck with apron straps or rope, and forced her to engage in oral sodomy and sexual intercourse. The victim claimed that although defendant initially threatened...

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