People v. Howell
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
After a hearing pursuant to the Sex Offender Registration Act to determine the defendant’s risk level (see Correction Law § 168-a et seq.), the County Court properly assessed the defendant 20 points under risk factor 6 based on the complainant’s grand jury testimony that she was sleeping at the beginning of the incident and was thus “physically helpless” (Sex Offender Registration Act: Risk Assessment Guidelines and Commentary, at 11 [2006]; see Penal Law § 130.00 [7]; People v Caban, 61 AD3d 834, 835 [2009]). Moreover, contrary to the defendant’s contention, the imposition of 20 points under…
2Cases cited6 opinions
- People v. MabeeAppellate Division of the Supreme Court of the State of New York · 2010
- People v. CabanAppellate Division of the Supreme Court of the State of New York · 2009
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- People v. MercadoAppellate Division of the Supreme Court of the State of New York · 2008
- People v. FergusonAppellate Division of the Supreme Court of the State of New York · 2008
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