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PEOPLE v. SANTOS

10216, 99063/15.

176 A.D.3d 611 (2019)

109 N.Y.S.3d 634

2019 NY Slip Op 07729

The People of the State of New York, Respondent, v. Roul Santos, Appellant.

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

Decided October 29, 2019.

Attorney(s) appearing for the Case

The Legal Aid Society, New York ( Janet E. Sabel of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Jennifer L. Watson of counsel), for respondent.

Concur—Richter, J.P., Gische, Tom, Gesmer, Moulton, JJ.

Clear and convincing evidence, including reliable hearsay, supported the court's assessment of points under the risk factor relating to the victim's physical helplessness (see People v Mingo, 12 N.Y.3d 563, 571-573 [2009]; People v Epstein, 89 A.D.3d 570, 571 [1st Dept 2011]). The court properly relied on the case summary, the sworn arrest affidavit from the underlying out-of-state case...

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