PEOPLE v. FENTON

2441, 3714/13.

145 A.D.3d 519 (2016)

2016 NY Slip Op 08320

41 N.Y.S.3d 884

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELDON FENTON, Appellant.

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

Decided December 13, 2016.


The People did not meet their burden of establishing, by clear and convincing evidence, that defendant was actually armed with a dangerous instrument during the commission of the offenses (see People v Pearce, 135 A.D.3d 722 [2d Dept 2016]). Accordingly, 20 points were incorrectly assessed. However, after those points are deducted, resulting in a point score of 75, defendant remains a level two offender, and we find no basis for...

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