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PEOPLE v. SCHOELERMANN

2017-09968.

165 A.D.3d 1299 (2018)

84 N.Y.S.3d 812

2018 NY Slip Op 07339

The People of the State of New York, Respondent, v. Keith Schoelermann, Appellant.

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

Decided October 31, 2018.

Ordered that the order is affirmed, without costs or disbursements.

Contrary to the defendant's contention, he was properly assessed 20 points under risk factor 7 of the Risk Assessment Instrument based upon his conviction of possessing a sexual performance by a child in violation of Penal Law § 263.16 (see People v Gillotti, 23 N.Y.3d 841, 859 [2014]; People v Johnson, 11 N.Y.3d 416

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