People v. Acevedo

Order, Supreme Court, New York County (Michael J. Obús, J.), entered on or about June 16, 2011, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.

The court properly assessed 20 points under the risk factor for the victim’s physical helplessness because contrary to defendant’s contention, the victim unambiguously testified before the grand jury that she was asleep at the time of defendant’s initial touching and she only woke up after he started fondling her breast (see People v Sene,…