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PEOPLE v. RUSSELL

3258/01, 16592, 16591

135 A.D.3d 457 (2016)

21 N.Y.S.3d 896

2016 NY Slip Op 00060

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK RUSSELL, Appellant.

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

Decided January 7, 2016.

The court properly assessed 20 points under the risk factor for the victim's physical helplessness (see People v Winbush, 123 A.D.3d 490 [1st Dept 2014], lv denied 24 N.Y.3d 916 [2015]; People v Howell, 82 A.D.3d 857, 858 [2d Dept 2011], lv denied 16 N.Y.3d 713 [2011]). In any event, regardless of whether...

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