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PEOPLE v. FEENEY

58 A.D.3d 614 (2009)

871 N.Y.S.2d 340

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE FEENEY, Appellant.

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

January 13, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The defendant argues that the County Court improperly assessed him points for "forcible compulsion" since this was not an element of the underlying crime of which he was convicted (see Penal Law § 130.40 [3]). However, the court was not limited to considering only the crime of which the defendant was convicted in making its determination (see Correction Law § 168-n [3];

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