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PEOPLE v. EDWARDS

16723, 2271/01

135 A.D.3d 593 (2016)

22 N.Y.S.3d 863

2016 NY Slip Op 00424

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENT EDWARDS, Appellant.

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

Decided January 21, 2016.

The court properly assessed defendant points under the risk factors for prior criminal history and recency of prior offense, even though he had not yet been sentenced on the relevant prior conviction at the time he committed the underlying sex offense (see People v Franco, 106 A.D.3d 417, 417 [1st Dept 2013], lv denied 21 N.Y.3d 863 [2013]).

The court properly exercised its discretion...

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