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PEOPLE v. GALINDO

10468, 3412/07.

107 A.D.3d 603 (2013)

967 N.Y.S.2d 726

2013 NY Slip Op 4876

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE GALINDO, Appellant.

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

Decided June 27, 2013.

Defendant should have been assessed 15 points, instead of 30, for a prior robbery committed in Pennsylvania. The risk assessment guidelines define a "violent felony," warranting 30 points under risk factor 9, as having the same meaning as in Penal Law § 70.02 (1), and the People do not dispute that defendant's Pennsylvania robbery conviction would have constituted only third-degree robbery in New York, an offense not listed...

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