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PEOPLE v. WILLIAMS

Ind. No. 4181/04. 7006/04. Appeal No. 15022. Case No. 2019-4012.

201 A.D.3d 476 (2022)

156 N.Y.S.3d 835

2022 NY Slip Op 00135

The People of the State of New York, Respondent, v. Harry Williams, Appellant.

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

Decided January 11, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Hunter Haney of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Kerry Fulham of counsel), for respondent.

Concur—Renwick, J.P., Kapnick, Moulton, Kennedy, Scarpulla, JJ.

Defendant should have been assessed 15 rather than 30 points under the risk factor for prior crimes. The extra 15 points involved a weapon possession crime committed in 2002, after defendant had committed the underlying sex crimes in 2001, but before defendant was convicted of the sex crimes in 2005. Accordingly, the weapon offense did not qualify under this risk factor as a prior crime (see People v Green, 192 A.D.3d 927 [2d Dept 2021], lv denied 37 N.Y.3d...

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