PEOPLE v. FAULKNER

4318. 1489/12.

151 A.D.3d 601 (2017)

2017 NY Slip Op 05051

55 N.Y.S.3d 249

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

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

Decided June 20, 2017.


The court properly assessed 20 points under risk factor 13 for unsatisfactory conduct while confined, based on an incident where he sexually harassed a nurse (see People v Birch, 99 A.D.3d 422 [1st Dept 2012], lv denied 20 N.Y.3d 854 [2012]). In any event, without those points, defendant would remain a level three offender because of both his point score and the presumptive override for...

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