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PEOPLE v. MATOS

5147/10. 8035. 8034.

168 A.D.3d 438 (2019)

89 N.Y.S.3d 614

2019 NY Slip Op 00068

The People of the State of New York, Respondent, v. Alexis Matos, Jr., Appellant.

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

Decided January 8, 2019.

To the extent defendant is arguing that the court erred in assessing 15 points under the risk factor for refusing or being expelled from treatment, that claim is academic because, even if those points were subtracted, defendant would remain a level three offender (see People v Corn, 128 A.D.3d 436, 437 [1st Dept 2015]). In any event, the assessment was supported by clear and convincing evidence, because the record shows that defendant...

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