People v. Dominie

Cardona, P.J. (dissenting).

I respectfully dissent.

Initially, I find no abuse of discretion in County Court’s assessment of points for forcible compulsion based upon the victim’s grand jury testimony. In assessing a sex offender’s risk level, a trial court is not limited to the charge to which the defendant pleads guilty but it can also consider the circumstances of the underlying crime (see People v Lovelace, 39 AD3d 728 [2007]; People v Lesch, 38 AD3d 1129, 1129-1130 [2007], lv denied 8 NY3d 816 [2007]) and, as the majority sets forth, is permitted to review reliable hearsay evidence (see…