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PEOPLE v. JEFFREYS

7766. 819/13.

167 A.D.3d 403 (2018)

86 N.Y.S.3d 878

2018 NY Slip Op 08236

The People of the State of New York, Respondent, v. Leondriss Jeffreys, Appellant.

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

Decided December 4, 2018.

Defendant was properly assessed 20 points under the risk factor for the victim's physical helplessness. The record establishes that the victim was asleep when defendant sexually assaulted her and only woke up as the result of the assault (see People v Winbush, 123 A.D.3d 490 [1st Dept 2014], lv denied 24 N.Y.3d 916 [2015]). Defendant was also properly assessed 15 points under the risk factor...

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