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PEOPLE v. ALVAREZ-PEREZ

4893, 2471/14.

155 A.D.3d 430 (2017)

63 N.Y.S.3d 233

2017 NY Slip Op 07771

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ALVAREZ-PEREZ, Appellant.

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

Decided November 9, 2017.

Clear and convincing evidence supports the assessment of 20 points for the victim's physical helplessness. The court properly assessed these points based on facts elicited in defendant's plea allocution in the underlying case, which "shall be deemed established by clear and convincing evidence and shall not be relitigated" (Correction Law § 168-n [3]). In addition, the sentencing minutes, and evidence in the case summary,...

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