PEOPLE v. GREEN

437, 859/12.

137 A.D.3d 498 (2016)

26 N.Y.S.3d 468

2016 NY Slip Op 01609

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM GREEN, Appellant.

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

Decided March 8, 2016.


The court properly assessed points under the risk factors for forcible compulsion, number of victims, and age of victim. The record establishes defendant's actual use of force during the underlying sex crime, as well as his use of both express and implied threats of force. The evidence also supports the conclusion that the child who was present during the incident was a victim of defendant's sexual offense within the meaning of the guidelines, and thus qualified as both a...

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