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PEOPLE v. FISHER

22 A.D.3d 358 (2005)

803 N.Y.S.2d 45

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARL FISHER, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

October 20, 2005.

In determining defendant's sex offender status, the court properly raised defendant's "Use of Violence" score based on a medical examination which indicated that the 11-year-old victim sustained the requisite physical injury, namely, an abrasion to her vulva and a tear to her hymen (see Penal Law § 10.00 [9]; People v. Hannah, 267 A.D.2d 402 [1999]; People v. Painter, 221 A.D.2d 481...

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