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PEOPLE v. RIVERA

5235. 3183/11.

156 A.D.3d 529 (2017)

65 N.Y.S.3d 449

2017 NY Slip Op 08743

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD RIVERA, Appellant.

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

Decided December 14, 2017.

The Court properly assessed 20 points under the risk factor for the victim's helplessness because she was asleep at the time of defendant's initial assault began, and she woke up while defendant was on top of her (see People v Acevedo, 124 A.D.3d 500, 500 [1st Dept 2015]). We also find that there was no overassessment of points for this factor.

The court also correctly assessed 10 points for unsatisfactory conduct while confined...

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