PEOPLE v. MARTINEZ

2014-04794.

125 A.D.3d 735 (2015)

THE PEOPLE OF STATE OF NEW YORK, Respondent, v. WILBERTO MARTINEZ, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided February 11, 2015.


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 was convicted in making its determination" (People v Feeney,

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