PEOPLE v. BAXIN

12325, 2309/01

116 A.D.3d 628 (2014)

984 N.Y.S.2d 63

2014 NY Slip Op 2867

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

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

Decided April 29, 2014.


Although in assessing points under the risk factor for continuing course of sexual misconduct, the court relied in part on grand jury minutes that were not disclosed to defendant, there was no violation of due process under the circumstances of the case, and a new hearing is not required. The grand jury minutes were cumulative to other evidence, establishing the same risk factor, that was fully disclosed to defendant, and defendant has not established that he was prejudiced...

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