PEOPLE v. JOHNSON


57 A.D.3d 294 (2008)

868 N.Y.S.2d 523

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

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

December 11, 2008.


Although defendant disputes a 10-point assessment under the risk factor for forcible compulsion, that challenge, if accepted by this Court, would only reduce his point score to 90 points, which is more than enough for a level two classification. Accordingly, we need not determine whether there was clear and convincing evidence of forcible compulsion.

Defendant did not establish any special circumstances warranting a discretionary downward departure from his presumptive...

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