PEOPLE v. TORRES

4883, 46/98.

155 A.D.3d 418 (2017)

62 N.Y.S.3d 804

2017 NY Slip Op 07687

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAN TORRES, Appellant.

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

Decided November 2, 2017.


Defendant's statements that he was intoxicated at the time of the underlying sex crime, even if intended to be self-serving, were sufficiently reliable, and they were corroborated by the victim's grand jury testimony and the fact that defendant was evaluated as requiring alcohol abuse treatment while he was incarcerated. Accordingly, there was clear and convincing evidence to support the court's assessment of points under the risk factor for alcohol and substance abuse (...

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