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PEOPLE v. WILKINS

3492, 3385/04.

77 A.D.3d 588 (2010)

909 N.Y.S.2d 362

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DURAN WILKINS, Appellant.

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

Decided October 28, 2010.

The court properly assessed 30 points for defendant's commission of a prior sex offense, notwithstanding that it resulted in a misdemeanor youthful offender adjudication (see People v Arnold, 35 A.D.3d 827, 827 [2006], lv denied 9 N.Y.3d 813 [2007]), as well as 10 points for the recency of that offense. Although we agree with defendant that there was an insufficient basis for assessing points for failure to accept...

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