PEOPLE v. HOWELL

2010-02566.

82 A.D.3d 857 (2011)

918 N.Y.S.2d 364

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAINE HOWELL, Appellant.

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

Decided March 8, 2011.


Ordered that the order is affirmed, without costs or disbursements.

After a hearing pursuant to the Sex Offender Registration Act to determine the defendant's risk level (see Correction Law § 168-a et seq.), the County Court properly assessed the defendant 20 points under risk factor 6 based on the complainant's grand jury testimony that she was sleeping at the beginning of the incident and was thus "physically helpless" (Sex Offender Registration...

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