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PEOPLE v. SWINTON

39 A.D.3d 285 (2007)

834 N.Y.S.2d 114

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD SWINTON, Appellant.

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

Decided April 10, 2007.

The court properly assessed 30 points for the number-of-victims factor, since the evidence established a total of five victims. In making this finding, the court properly relied on grand jury minutes and other reliable evidence (see Correction Law § 168-n [3]; People v Quintana, 29 A.D.3d 308 [2006], lv denied 7 N.Y.3d 709 [2006]). These 30 points, when added to 90 points that are uncontested on appeal, produce...

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