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PEOPLE v. GOODWIN

14616 & M-666

126 A.D.3d 610 (2015)

3 N.Y.S.3d 598

2015 NY Slip Op 02431

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORY GOODWIN, Appellant.

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

Decided March 24, 2015.

Each of the point assessments at issue was supported by clear and convincing evidence. The assessment for being armed with a dangerous instrument was supported by evidence that the victim felt and saw an apparent firearm (see People v Pettigrew, 14 N.Y.3d 406, 409 [2010]). The evidence supported an assessment for the victim being under the age of 17, regardless of any paperwork discrepancy as to whether she was 15 or 16. Defendant...

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