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PEOPLE v. HARRIPERSAUD

Ind. No. 2606/12. Appeal No. 14426. Case No. 2019-5491.

198 A.D.3d 542 (2021)

152 N.Y.S.3d 815

2021 NY Slip Op 05784

The People of the State of New York, Respondent, v. Ishri Harripersaud, Appellant.

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

Decided October 21, 2021.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Nicole P. Geoglis of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Robert C. McIver , of counsel), for respondent.

Concur— Acosta, P.J., Manzanet-Daniels, Kern, Oing, Kennedy, JJ.

The court correctly assessed 20 points under the risk factor for defendant's relationship (strangers) with the victim, because they only met within 24 hours of the crime (see People v Barcliff, 165 A.D.3d 533, 534 [1st Dept 2018], lv denied 32 N.Y.3d 917 [2019]), regardless of any subsequent relationship. The victim's sworn trial testimony, subject to cross-examination, established this...

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