Legal Opinion
People v. Ray
Appellate Division of the Supreme Court of the State of New York
Decided July 7, 2011PublishedCited by 8 opinions
1Opinion of the Court
Defendant was convicted of first-degree rape. In that case, the record discloses that the victim awoke and attempted to fend defendant off before he initiated sexual contact. Therefore, the victim was not “physically helpless” at the time of the rape (see People v Cecunjanin, 16 NY3d 488 [2011]), and defendant should not have been assessed 20 points under that risk factor. However, we reject defendant’s remaining challenge to his point score. Accordingly, defendant’s correct score was 100, which is slightly below the threshold for a level three offender.
Regardless of whether defendant’s…
2Cases cited3 opinions
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2008
- People v. CecunjaninNew York Court of Appeals · 2011
- People v. SanfordAppellate Division of the Supreme Court of the State of New York · 2008
3Cited by8 opinions
- People v. HenryAppellate Division of the Supreme Court of the State of New York · 2012
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2015
- People v. KotlerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. SoevynAppellate Division of the Supreme Court of the State of New York · 2014
- People v. VoltaireAppellate Division of the Supreme Court of the State of New York · 2013
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