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PEOPLE v. MAXWELL

63 A.D.3d 707 (2009)

879 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES MAXWELL, Appellant.

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

Decided June 2, 2009.

Ordered that the order is affirmed, without costs or disbursements.

The defendant's contention that the assessment of points for risk factor 1 based upon his use of forcible compulsion constituted improper "double counting" because he also was assessed points for risk factor 5 based upon the victim's age is without merit (see People v Mendez, 60 A.D.3d 923 [2009]; see also People...

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