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PEOPLE v. MONTEZUMA REYES

48 A.D.3d 267 (2008)

851 N.Y.S.2d 489

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BASILIO MONTEZUMA REYES, Appellant.

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

Decided February 14, 2008.

The court properly assessed 30 points under the risk factor for prior crimes based on defendant's conviction of second-degree burglary, which is a "violent felony" under Penal Law § 70.02 (1) (b), and is therefore a "violent felony" under the guidelines of the Board of Examiners of Sex Offenders (People v Wroten, 286 A.D.2d 189, 197-199 [2001], lv denied 97 N.Y.2d 610 [2002]). The guidelines' use of the Penal Law definition...

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