PEOPLE v. PRESSLEY

4706, 1245/96.

154 A.D.3d 530 (2017)

61 N.Y.S.3d 882

2017 NY Slip Op 07226

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY PRESSLEY, Appellant.

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

Decided October 17, 2017.


The court properly assessed 15 points under the risk factor for alcohol abuse. Such an assessment may be based on alcohol abuse at the time of the underlying sex crime (People v Palmer, 20 N.Y.3d 373, 378-379 [2013]). Here, the case summary and the victim's grand jury testimony provided clear and convincing evidence that defendant committed the second of two sex offenses while intoxicated...

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