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PEOPLE v. SMITH

Ind. No. 2159/13. Appeal No. 13346. Case No. 2015-01460.

192 A.D.3d 519 (2021)

140 N.Y.S.3d 695

2021 NY Slip Op 01518

The People of the State of New York, Respondent, v. Jeorge Smith, Appellant.

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

Decided March 16, 2021.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( John T. Hughes of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Oing, Moulton, JJ.

Clear and convincing evidence supported the court's assessment of 20 points for the relationship (strangers) between defendant and the victim. Although the victim worked in the men's shelter where defendant lived, her grand jury testimony expressly negated any relationship with defendant (see e.g. People v Postelli, 136 A.D.3d 514 [1st Dept 2016], lv denied 27 N.Y.3d 907 [2016]; People...

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