People v. Rivera

Order, Supreme Court, Bronx County (Raymond L. Bruce, J.), entered on or about January 6, 2016, which adjudicated defendant a level three sexually violent 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 helplessness because she was asleep at the time of defendant’s initial assault began, and she woke up while defendant was on top of her (see People v Acevedo, 124 AD3d 500, 500 [1st Dept 2015]). We also find that there was no overassessment of points…