People v. Martinez
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated March 18, 2014, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.
Ordered that the order is affirmed, without costs or disbursements.
The defendant contends that the County Court improperly assessed him 10 points under risk factor 1 for “forcible compulsion,” since this was not an element of the underlying crime of which he was convicted (see Penal Law § 130.52). However, “the court was not limited to considering only the crime of which the defendant…
2Cases cited9 opinions
- People v. CrandallAppellate Division of the Supreme Court of the State of New York · 2011
- People v. FullerNew York Court of Appeals · 1980
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- People v. FeeneyAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HodgesAppellate Division of the Supreme Court of the State of New York · 1994
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