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PEOPLE v. JOHNSON

2017-10329.

168 A.D.3d 1110 (2019)

91 N.Y.S.3d 486

2019 NY Slip Op 00627

The People of State of New York, Respondent, v. Asa Johnson, Appellant.

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

Decided January 30, 2019.

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

The defendant's contention that the Supreme Court improperly assessed 15 points for the infliction of physical injury under risk factor 1 need not be addressed, since deducting those points from the total points assessed against the defendant under factors not contested by him would not alter his presumptive risk level (see People v Rosario, 164 A.D.3d 625

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