PEOPLE v. QUITO

10258, 3999/03.

107 A.D.3d 403 (2013)

966 N.Y.S.2d 91

2013 NY Slip Op 3938

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ZHOMY QUITO, Appellant.

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

Decided June 4, 2013.


The court erred in assessing 15 points under the risk factor for use of violence, because the People did not meet their burden of establishing, by clear and convincing evidence, that defendant caused physical injury (see Penal Law 10.00 [9]) to the victim. Although minor injuries may cause substantial pain, a showing of "more than slight or trivial pain" is required (People v Chiddick, 8 N.Y.3d 445, 447 [2007]). The People...

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