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PEOPLE v. BROWN

2013-02046

131 A.D.3d 520 (2015)

14 N.Y.S.3d 694

2015 NY Slip Op 06499

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN BROWN, Appellant.

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

Decided August 12, 2015.

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

Contrary to the defendant's contention, the People proved by clear and convincing evidence that he was properly assessed points under risk factor six, based on the victim's mental disability (see People v Leeks, 43 A.D.3d 1251 [2007]; cf. People v Green, 104 A.D.3d 1222

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