PEOPLE v. FRANCES

Appeal No. 15816. Case No. 2019-1877.

204 A.D.3d 618 (2022)

165 N.Y.S.3d 319

2022 NY Slip Op 02881

The People of the State of New York, Respondent, v. Luis Frances, Appellant.

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

Decided April 28, 2022.


Attorney(s) appearing for the Case

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

Darcel D. Clark , District Attorney, Bronx ( Falicia A. Yancey of counsel), for respondent.

Concur—Gische, J.P., Webber, Friedman, Oing, Kennedy, JJ.


The court correctly assessed 30 points under the risk factor for the victim's age, based on its determination that the victim's age was 10 or less. That finding was supported by clear and convincing evidence. While the superior court information only charged defendant with conduct that occurred in November 2014, when the victim was 12 years old, the record contained reliable evidence that defendant first sexually abused the victim before her 11th birthday. The criminal complaint...

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