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PEOPLE v. FERGUSON

16576, 2228/12

135 A.D.3d 449 (2016)

21 N.Y.S.3d 891

2016 NY Slip Op 00048

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONOVAN FERGUSON, Appellant.

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

Decided January 7, 2016.

Clear and convincing evidence supported the assessment of points for the victim's physical helplessness and for defendant's infliction of physical injury. The grand jury minutes established that the victim was asleep when approached by defendant, who thereupon used forcible compulsion (see People v Howell, 82 A.D.3d 857 [2d Dept 2011], lv denied 16 N.Y.3d 713 [2011]). Defendant did not challenge...

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